UNITED STATES v. STATE OF WASHINGTON

No. 19907.

351 F.2d 913 (1965)

UNITED STATES of America, Appellant, v. The STATE OF WASHINGTON and Wenairco, Inc., a corporation, Appellees. The STATE OF WASHINGTON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

October 19, 1965.


Attorney(s) appearing for the Case

Frank R. Freeman, U. S. Atty., Carroll D. Gray, Asst. U. S. Atty., Spokane, Wash., John L. Bishop, Reg. Solicitor, Frank M. Potter, Jr., U. S. Dept. of Interior, Washington, D. C., for appellant and cross appellee U. S. A.

John J. O'Connell, Atty. Gen. of Wash., R. Ted Bottiger, Sp. Asst. Atty. Gen. of Wash., Basil L. Badley, Asst. Atty. Gen. of Wash., for appellee and cross appellant state of Washington.

John H. Caley, Seattle, Wash., for appellee Wenairco, Inc.

Before JERTBERG, DUNIWAY and ELY, Circuit Judges.


ELY, Circuit Judge:

This action arose from the crash of an aircraft and the provisions of the Federal Tort Claims Act, 28 U.S.C. § 1346(b) and 28 U.S.C. § 2671 et seq.

The plane, a light tandem type, was owned by Wenairco and at the time of the crash was occupied by the pilot, Sam Violett, a bailee, and Martin Braun, his passenger. The men were then engaged in civil defense practice for the State of Washington, and both were killed. The State fulfilled...

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