RANDALL v. UNITED STATES

No. 15227.

282 F.2d 287 (1960)

Edna G. RANDALL, Administratrix of the estate of Francis E. Randall, deceased, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 21, 1960.


Attorney(s) appearing for the Case

Mr. Eugene Gressman, Washington, D. C., with whom Mr. Hyman Smollar, Washington, D. C., was on the brief, for appellant.

Mr. Anthony L. Mondello, Atty., Dept. of Justice, of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Asst. Atty. Gen. George C. Doub and Messrs. Oliver Gasch, U. S. Atty., and Morton Hollander, Atty., Dept. of Justice, were on the brief, for appellee.

Before EDGERTON, WILBUR K. MILLER, and FAHY, Circuit Judges.


EDGERTON, Circuit Judge.

Francis E. Randall, a government employee traveling on government business, was killed in an airplane accident due to the negligence of a pilot employed by Eastern Air Lines and of a control tower operator employed by the United States. As her husband's executrix, his widow sued Eastern and agreed to a $37,500 settlement. Eastern paid the money into court, because the United States asserted a lien for the amount it had paid the widow as compensation...

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