DAVIES FLYING SERVICE v. UNITED STATES

No. 12090.

216 F.2d 104 (1954)

DAVIES FLYING SERVICE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

October 28, 1954.


Attorney(s) appearing for the Case

J. L. Richardson, Jr., Louisville, Ky., A. J. Deindoerfer, Louisville, Ky., on brief, for appellants.

John G. Laughlin, Washington, D. C., Warren E. Burger, Washington, D. C., J. Leonard Walker, Louisville, Ky., Paul A. Sweeney, Washington, D. C., on brief, for appellee.

Before SIMONS, Chief Judge, and MARTIN and STEWART, Circuit Judges.


PER CURIAM.

Appellant sued the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346, 2674, for money damages resulting from the loss of appellant's airplane allegedy caused by the negligence of a Civil Aeronautics Administration pilot. Finding that appellant had not sustained the burden of proving negligence, the District Court denied relief, and this appeal followed.

The airplane in question was the subject of a contract between appellant...

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