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TIFFANY v. U.S.

Nos. 90-3014, 90-3022.

931 F.2d 271 (1991)

Patsy O. TIFFANY, Administratrix and Personal Representative of the Estate of Henry H. Tiffany, Deceased, Plaintiff-Appellee, v. UNITED STATES of America, Defendant & Third Party Plaintiff-Appellant, v. BRANDON LADD CORPORATION, Third Party Defendant-Appellee. Patsy O. TIFFANY, Administratrix and Personal Representative of the Estate of Henry H. Tiffany, Deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant & Third Party Plaintiff-Appellee, v. BRANDON LADD CORPORATION, Third Party Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 30, 1991.

Attorney(s) appearing for the Case

Thomas Barton Almy, Sr. Aviation Counsel, Civ. Div., U.S. Dept. of Justice, Washington, D.C., argued (Stuart M. Gerson, Asst. Atty. Gen., Civ. Div., U.S. Dept. of Justice, Washington, D.C., John P. Alderman, U.S. Atty., E. Montgomery Tucker, Asst. U.S. Atty., Roanoke, Va., of counsel), for defendant and third party plaintiff-appellant U.S.

Wilton Jeremain Smith, Gilman, Olson & Pangia, Washington, D.C., argued (Michael J. Pangia, Gilman, Olson & Pangia, Washington, D.C., Frank Anthony Mika, Waynesboro, Va., on brief), for plaintiff-appellee Tiffany.

Wilton Jeremain Smith, Gilman, Olson & Pangia, Washington, D.C., argued (John J. Tigert, VI, Kathryn A. Ledig, Taft, Stettinius & Hollister, Washington, D.C., on brief), for third party defendant-appellee Brandon Ladd Corp.

Before WILKINSON and WILKINS, Circuit Judges, and ELLIS, District Judge for the Eastern District of Virginia, sitting by designation.

WILKINSON, Circuit Judge:

Henry Tiffany and six passengers were killed following a midair collision between their Beech Baron airplane and a United States F-4C fighter jet. Tiffany had failed to activate a flight plan and thus had entered an air defense zone off the eastern coast of the United States as an unidentified and potentially hostile aircraft. Military authorities had dispatched two fighter jets to identify visually the unknown plane. The collision occurred...

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