BRANIFF AIRWAYS, INC. v. UNITED STATES

Civ. Nos. 9825-M, 9832-M to 9839-M.

203 F.Supp. 602 (1961)

BRANIFF AIRWAYS, INC., Plaintiff, v. UNITED STATES of America, Defendant. Thomas Donald GEORGE, Charles F. Fink, John Cooper Winthrop, Marcia E. Leake, a widow, Ernestine King, a widow, Ethel Jean Showman, a widow, and Donald Showman and Sylvia Jean Showman, minors, by and through their guardian and next friend, Ethel Jean Showman; Mrs. George W. Hogan, a widow, and Mrs. George W. Hogan, as the guardian and next friend of any and all issue resulting from her marriage to George W. Hogan, and Deanna Jean Hogan and Patricia Sue Hogan and John Warren Hogan, the minor children of George W. Hogan, by and through Lois E. Hogan, as their guardian and mother, individually and for the use and benefit of The Travelers Insurance Company, a corporation, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court S. D. Florida, Miami Division.

September 21, 1961.


Attorney(s) appearing for the Case

Dow & Stonebridge, Wilbur E. Dow, Jr., New York City, Fowler, White, Gillen, Humkey & Trenam (Walter Humkey) Miami, Fla., for Braniff Airways, Inc.

Max L. Kane, U. S. Dept. of Justice, William A. Crawford, Washington, D. C., Edward F. Boardman, U. S. Atty., Miami, Fla., for the Government.

Dean, Adams, Fischer & Gautier, Goble D. Dean, Miami, Fla., for individual plaintiffs.


CHOATE, District Judge.

A.

JURISDICTIONAL FACTS

1. These actions were brought against the United States of America, seeking money damages for injury, loss of property, personal injury, and death, which the plaintiffs allege were caused by the negligence and wrongful acts or omissions of employees of the defendant while acting within the scope of their office and employment, under circumstances where the United States of America, if a private person...

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