RICHARDS v. UNITED STATES

Nos. 6378-6391.

285 F.2d 521 (1960)

Suzanne Thomas RICHARDS, nee Wadlow, individually and for the use and benefit of Debra Sue Richards, Appellant, v. UNITED STATES of America, and American Airlines, Inc., Appellees. Harvey BARUCK, Administrator of the Estate of Robert I. Zelens, Deceased, Appellant, v. UNITED STATES of America, and American Airlines, Inc., Appellees. Clarine FAROUGH, individually, and for the use and benefit of John Allen Farough and Mary Kay Farough, minors, Appellant, v. UNITED STATES of America, and American Airlines, Inc., Appellees. Bernice L. MAUPIN, individually, and for the use and benefit of Marie Elleene Maupin, a minor, Appellant, v. UNITED STATES of America, and American Airlines, Inc., Appellees. Margaret J. HOWE, Appellant, v. UNITED STATES of America, and American Airlines, Inc., Appellees. Elizabeth R. CROSS, Executrix of the Estate of John Leland Cross, Jr., Deceased, Appellant, v. UNITED STATES of America, and American Airlines, Inc., Appellees. Therese B. AKIN, Executrix of the Estate of Morris W. Akin, Deceased, Appellant, v. UNITED STATES of America, and American Airlines, Inc., Appellees. Althea S. GATES, nee Bergtholdt, individually, and for the use and benefit of William Randall Gates, a minor, Appellant, v. UNITED STATES of America, and American Airlines, Inc., Appellees. Ruth Jean CARR-HARRIS, Administratrix of the Estate of Donald Dale Carr-Harris, Deceased, Appellant, v. UNITED STATES of America, and American Airlines, Inc., Appellees. Anna Mae O'NEAL, surviving widow of William E. O'Neal, Deceased, Appellant, v. UNITED STATES of America, and American Airlines, Inc., Appellees. Margaret Emma BARRON, individually, and for the use and benefit of Charles Donovan Barron and William Brooks Barron, minors, Appellant, v. UNITED STATES of America, and American Airlines, Inc., Appellees. Myra FIELDS, Administratrix of the Estate of Harold M. Fields, Deceased, Appellant, v. UNITED STATES of America, and American Airlines, Inc., Appellees. Virginia HOBSON, individually and for the use and benefit of John Hobson, David Hobson, Steven Hobson, Sammy Hobson, and Timothy Hobson, minors, Appellant, v. UNITED STATES of America, and American Airlines, Inc., Appellees. Josephine M. SCHMYSER, Administratrix of the Estate of Herman F. Schmyser, Deceased, Appellant, v. UNITED STATES of America, and American Airlines, Inc., Appellees.

United States Court of Appeals Tenth Circuit.

November 25, 1960.


Attorney(s) appearing for the Case

Joseph A. Sharp, Tulsa, Okl. (Speiser, Quinn & O'Brien, Edward M. O'Brien, New York City, Rucker, Tabor, Best, Sharp & Shepherd, Truman B. Rucker and O. H. "Pat" O'Neal, Tulsa, Okl., were with him on the brief), for appellants.

Sherman L. Cohn, Atty., Dept. of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., B. Hayden Crawford, U. S. Atty., Tulsa, Okl., and Morton Hollander, Atty., Dept. of Justice, Washington, D. C., were with him on the brief), for appellee United States.

Fred M. Mock, Oklahoma City, Okl. (W. B. Patterson, Dallas, Tex., and Melvin F. Pierce, Oklahoma City, Okl., were with him on the brief), for appellee American Airlines, Inc.

Before MURRAH, Chief Judge, and BRATTON and PICKETT, Circuit Judges.


BRATTON, Circuit Judge.

A passenger airplane owned and operated by American Airlines on a regularly scheduled flight crashed in Missouri and everyone on board was killed. Invoking pertinent provisions of the Federal Tort Claims Act, 28 U.S.C. §§ 1346, 1402, and the so-called Wrongful Death Statutes of Oklahoma, O.S.1951, Title 12, chapter 17, § 1051 et seq., survivors or legal representatives of passengers who lost their lives instituted in the United...

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