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UNITED STATES v. PENDERGRAST

Nos. 7340, 7344, 7345, 7336-7339.

241 F.2d 687 (1957)

UNITED STATES of America, Appellant, v. Estelle PENDERGRAST, Appellee. UNITED STATES of America, Appellant, v. James BURTON, Jr., Appellee. UNITED STATES of America, Appellant, v. Mary BURTON, Appellee. UNITED STATES of America, Appellant, v. Willie GIBBS, as Administrator of the Estate of Elex Gibbs, deceased, Appellee. UNITED STATES of America, Appellant, v. Willie GIBBS, as Administrator of the Estate of Inez Gibbs, deceased, Appellee. UNITED STATES of America, Appellant, v. Isiah THOMPSON, Appellee. UNITED STATES of America, Appellant, v. Azailie THOMPSON, Appellee.

United States Court of Appeals Fourth Circuit.

Decided February 20, 1957.

Attorney(s) appearing for the Case

Arthur G. Howe, Asst. U. S. Atty., Charleston, S. C. (N. Welch Morrisette, Jr., U. S. Atty., Columbia, S. C., on brief), for appellant.

Ben Scott Whaley, Hugo M. Spitz, Charleston, S. C., Herman I. Mazursky, Barnwell, S. C., and Irving Levkoff, Charleston, S. C. (Steinberg, Levkoff & Spitz, Charleston, S. C., Brown, Jefferies & Mazursky, Barnwell, S. C., Nathaniel L. Barnwell and Norman W. Stevenson, Charleston, S. C., on brief), for appellees.

Before PARKER, Chief Judge, SOBELOFF, Circuit Judge, and GILLIAM, District Judge.

PER CURIAM.

These are appeals from judgments in favor of plaintiffs in actions under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346, 2671-2680 brought to recover damages sustained when a government aeroplane crashed into a residence, killing two persons, seriously injuring a number of others, and destroying the residence and various articles of personal property by fire. No question is raised on any of the appeals as to the liability of the United States...

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