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UNITED STATES v. STATE OF MARYLAND

Nos. 16953-16955.

322 F.2d 1009 (1963)

UNITED STATES of America, Appellant, v. STATE OF MARYLAND, for the Use of Mary Jane MEYER, et al., Appellees. UNITED STATES of America, Appellant, v. STATE OF MARYLAND, for the Use of Vance Lewman BRADY, widow, et al., Appellees. UNITED STATES of America, Appellant, v. CAPITAL AIRLINES, INC., a Corporation, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 13, 1963.

Attorney(s) appearing for the Case

Mr. David L. Rose, Atty., Dept. of Justice, with whom Acting Asst. Atty. Gen. Joseph D. Guilfoyle, Messrs. David C. Acheson, U. S. Atty., Morton Hollander, John G. Laughlin, Jr., and Enoch E. Ellison, Attys., Dept. of Justice, were on the brief, for appellant.

Mr. Richard W. Galiher,* Washington, D. C., with whom Mr. William E. Stewart, Jr., Washington, D. C., was on the brief, for appellees.

Before FAHY, DANAHER and BURGER, Circuit Judges.

FAHY, Circuit Judge.

A mid-air collision occurred over Maryland between a jet plane owned by the United States, and used by the Maryland Air National Guard, and a passenger plane of Capital Airlines. The passengers and crew in the Capital plane were killed and the plane was destroyed. A passenger in the jet plane was also killed. The only other occupant of the jet plane was its pilot, Captain McCoy, who was ejected and came down safely by parachute.

The survivors...

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