STANLEY v. UNITED STATES

Civ. A. Nos. 37279, 37310.

239 F.Supp. 973 (1965)

Esther D. STANLEY, Administratrix of the Estate of Arthur L. Stanley, Deceased, Plaintiff, v. UNITED STATES of America, Defendant and Third-Party Plaintiff, v. The STATE OF OHIO, Third-Party Defendant. Guy PARSONS, as Administrator of the Estate of Clyde Parsons, Deceased, Plaintiff, v. UNITED STATES of America, Defendant and Third-Party Plaintiff, v. STADVEC AVIATION, INC., and the State of Ohio, Third-Party Defendants.

United States District Court N. D. Ohio, E. D.

March 10, 1965.


Attorney(s) appearing for the Case

Raymond J. McGowan and William R. Ferguson, Akron, Ohio, for plaintiff Esther D. Stanley.

Robert F. Belovich, Parma, Ohio, for plaintiff Guy Parsons.

Merle M. McCurdy, U. S. Atty., Bernard J. Stuplinski, Asst. U. S. Atty., Michael R. Wherry and Wallace E. Maloney, Attys., Dept. of Justice, Washington, D. C., for defendant United States.

John R. Cole, Asst. Atty. Gen., for the State of Ohio.


GREEN, District Judge.

These actions were brought under the Federal Tort Claims Act, 28 U.S.C. § 1346(b) et seq. The complaints sought recovery for the alleged wrongful deaths of plaintiffs' decedents, as a result of a mid-air collision between a Piper Tri-Pacer, in which they were flying, and an F-84F jet aircraft operated by a member of the Ohio Air National Guard. The actions were based upon the alleged negligence of an employee of the Federal Aviation Agency...

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