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UNITED STATES v. SOMMERS

Nos. 7806-7809.

351 F.2d 354 (1965)

UNITED STATES of America, Appellant, v. Noel Jean SOMMERS, Linda Gay Sommers, a Minor, Cheryl Kay Sommers, a Minor, and Daniel Scott Sommers, a Minor, Appellees. UNITED STATES of America, Appellant, v. Naida M. WOODS, Naida M. Ferris, Charles Robert Woods, a Minor, and Marjorie J. Woods, a Minor, Appellees. Noel Jean SOMMERS, Linda Gay Sommers, a Minor, Cheryl Kay Sommers, a Minor, and Daniel Scott Sommers, a Minor, Cross-Appellants, v. UNITED STATES of America, Cross-Appellee. Naida M. WOODS, Naida M. Ferris, Charles Robert Woods, a Minor, and Marjorie J. Woods, a Minor, Cross-Appellants, v. UNITED STATES of America, Cross-Appellee.

United States Court of Appeals Tenth Circuit.

September 30, 1965.

Attorney(s) appearing for the Case

David L. Rose, Atty., Dept. of Justice, Washington, D. C. (John W. Douglas, Asst. Atty. Gen., Washington, D. C., and Lawrence M. Henry, U. S. Atty., Denver, Colo., on the brief), for appellant and cross-appellee.

Paul C. Brown, Denver, Colo. (Gerald A. Kay, Wayne D. Williams and Howard E. Erickson, Denver, Colo., on the brief), for appellees and cross-appellants.

Before PICKETT, LEWIS and SETH, Circuit Judges.

PICKETT, Circuit Judge.

These two actions, brought against the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq., arose out of a mid-air collision between a United Air Lines, Inc. passenger plane and a United States Air Force Jet Fighter plane over Las Vegas, Nevada. The plaintiffs in the action are the widows and children of Arlin E. Sommers, Chief Officer (co-pilot), and Charles E. Woods, Flight Engineer, who were killed...

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