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MONTELLIER v. UNITED STATES

Cal. No. 201, Docket 27650.

315 F.2d 180 (1963)

Maureen A. MONTELLIER, as Administratrix of the goods, chattels and credits of Norman J. Montellier, deceased, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals Second Circuit.

Decided March 22, 1963.

Attorney(s) appearing for the Case

Sherman L. Cohn, Department of Justice, Washington, D. C. (Joseph D. Guilfoyle, Acting Asst. Atty. Gen., Joseph P. Hoey, U. S. Atty., Alan S. Rosenthal and Lawrence J. Galardi, Attorneys, Department of Justice, on the brief), for appellant.

John S. Chapman, Jr., of Duer & Taylor, New York City (Arthur E. McInerney, New York City, of counsel), for appellee

Before LUMBARD, Chief Judge, HAYS, Circuit Judge, and DIMOCK, District Judge.

HAYS, Circuit Judge.

Plaintiff, as administratrix, sues under the Federal Tort Claims Act1 to recover damages for the death of her husband, Norman J. Montellier, who was killed in an airplane crash at Westover Air Force Base in Massachusetts. The district court awarded plaintiff damages in the amount of $168,000 in a judgment from which the United States appeals. We affirm the judgment.

Montellier, who was a correspondent for United...

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