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PATTNO v. UNITED STATES

No. 6899.

311 F.2d 604 (1962)

John W. PATTNO, Administrator of the Estate of Gene A. Lewis, deceased, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied December 17, 1962.

Attorney(s) appearing for the Case

Charles E. Graves, Cheyenne, Wyo., and William E. Shade, Denver, Colo. (Roncalio & Graves, Cheyenne, Wyo., on the brief), for appellant.

Kathryn H. Baldwin, Attorney, Department of Justice (Joseph D. Guilfoyle, Acting Asst. Atty. Gen., Robert N. Chaffin, U. S. Atty., and John G. Laughlin, Attorney, Department of Justice, on the brief), for appellee.

Before LEWIS, BREITENSTEIN and SETH, Circuit Judges.

BREITENSTEIN, Circuit Judge.

A mid-air collision between a Wyoming Air National Guard F-86 jet airplane and a private plane resulted in the death of Lewis, the pilot of the private plane. The appellant-plaintiff, as administrator of the estate of Lewis, sued the United States under the Federal Tort Claims Act. The trial court denied recovery on the ground that the accident was not caused by the negligence of an employee of the United States while acting within the...

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