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PEARL v. UNITED STATES

No. 5250.

230 F.2d 243 (1956)

Larry Dean PEARL and Denise Pearl, both minors, by Frances LaVerne Pearl, their mother and next friend, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

February 8, 1956.

Attorney(s) appearing for the Case

Schwoerke & Schwoerke, Claude E. Love and James E. Grigsby, Oklahoma City, Okl., for appellants.

B. Jenkins Middleton, Atty., Dept. of Justice (Warren E. Burger, Asst. Atty. Gen., Paul W. Cress, U. S. Atty., Oklahoma City, Okl., and Samuel D. Slade, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellee.

Before BRATTON, Chief Judge, and HUXMAN, Circuit Judge, and MELLOTT, District Judge.

MELLOTT, District Judge.

In a complaint filed on behalf of minor children, recovery of damages for the death of their father was sought under the Tort Claims Act.1 Motion to dismiss on the ground that the complaint fails to state a claim upon which relief can be granted was sustained and this appeal followed.

The complaint alleges that the father, on July 27, 1954, was riding as a passenger on an official indoctrination flight...

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