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UNITED STATES v. SCHULTETUS

Nos. 17712, 17713.

277 F.2d 322 (1960)

UNITED STATES of America, Appellant, v. Joanne Mae SCHULTETUS, a Widow, Individually and as next friend of Douglas Jay Schultetus, a minor, et al., Appellees. UNITED STATES of America, Appellant, v. AERO ENTERPRISES, INC., et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 17, 1960.

Attorney(s) appearing for the Case

Howard E. Shapiro, Morton Hollander, Attys., Dept. of Justice, Washington, D. C., A. W. Christian, Clayton L. Bray, Asst. U. S. Attys., Fort Worth, Tex., W. B. West, III, U. S. Atty., Fort Worth, Tex., George Cochran Doub, Asst. Atty. Gen., for appellant.

L. W. Anderson, William B. Henley, Jr., Dallas, Tex., for appellees Joanne Mae Schultetus and American Flyers, Inc. Harris, Anderson, Henley & Rhodes, Dallas, Tex., of counsel.

S. A. Crowley, Robert D. Maddox, Stanford Harrell, Crowley, Wright, Miller & Garrett, McDonald, Sanders, Nichols, Wynn & Ginsburg, Fort Worth, Tex., for appellees Aero Enterprises, Inc., and Delores Senn.

Before HUTCHESON, JONES and WISDOM, Circuit Judges.

JONES, Circuit Judge.

These cases arose out of a collision of airplanes over Meacham Field at Fort Worth, Texas. This field is owned and operated by the City of Fort Worth. It is used by all types of aircraft for various purposes but it is not generally used by commercial airlines operating on scheduled flights. There are three large runways on the field, of which only two require reference. Runway 17 runs in a north-south direction (178° South), and it is crossed...

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