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LAYNE v. UNITED STATES

No. 13318.

295 F.2d 433 (1961)

Margaret LAYNE, Executrix of the Estate of William J. Layne, Deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied November 3, 1961.

Attorney(s) appearing for the Case

Ralph Hamill, John P. Price, Joseph A. Kutch, Indianapolis, Ind., for plaintiff-appellant; Hollowell, Hamill & Price, Indianapolis, Ind., of counsel.

Alan S. Rosenthal, Appellate Section, U. S. Dept. of Justice, Washington, D. C., Richard P. Stein, U. S. Atty., Indianapolis, Ind., William H. Orrick, Jr., Asst. Atty. Gen., Don A. Tabbert, U. S. Atty., Indianapolis, Ind., Morton Hollander, Mark R. Joelson, Attys., Dept. of Justice, Washington, D. C., for appellee.

Before HASTINGS, Chief Judge, and KNOCH and KILEY, Circuit Judges.

KNOCH, Circuit Judge.

Plaintiff, Margaret Layne, Executrix of the Estate of William J. Layne, Deceased, sued under the Federal Tort Claims Act [Title 28, U.S.C.A. § 1346 (b)] to recover damages for his wrongful death.

The Complaint alleged that on July 2, 1959, the decedent, Major Layne, a member of the Indiana Air National Guard, while the pilot of an F-84-F jet fighter aircraft on a training flight, was fatally injured through the negligence of civilian...

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