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STATE OF MARYLAND v. UNITED STATES

Nos. 14041, 14042.

329 F.2d 722 (1964)

STATE OF MARYLAND for the Use of Nadine Y. LEVIN, et al., Plaintiff-Appellees, v. UNITED STATES of America, Defendant-Appellant. STATE OF MARYLAND for the Use of Sydney L. JOHNS, et al., Plaintiff-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Third Circuit.

Decided April 1, 1964.

Rehearing Denied April 28, 1964.

Attorney(s) appearing for the Case

David L. Rose, Atty., Dept. of Justice, John W. Douglas, Acting Asst. Atty. Gen., Gustave Diamond, U. S. Atty., Joseph D. Guilfoyle, Acting Asst. Atty. Gen., Joseph S. Ammerman, U. S. Atty., Morton Hollander, John G. Laughlin, Attys., Dept. of Justice, Washington, D. C., for appellant, Enoch E. Ellison, Washington, D. C., of counsel.

Theodore E. Wolcott, New York City, for appellees.

Before STALEY, HASTIE and SMITH, Circuit Judges.

WIILLIAM F. SMITH, Circuit Judge.

These appeals are from judgments in favor of the use plaintiffs in actions for wrongful death brought under the Federal Tort Claims Act, 28 U.S.C. §§ 1346 (b), 2671 and 2674. The deaths resulted from a mid-air collision between a commercial airliner owned by Capital Airlines, in which the decedents were passengers, and a jet trainer plane owned by the defendant and allocated to...

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