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UNITED STATES v. BECKER

No. 21110.

378 F.2d 319 (1967)

UNITED STATES of America, Appellant, v. Edward C. BECKER, Administrator of the Estate of Ernest J. Becker, Deceased, Appellee.

United States Court of Appeals Ninth Circuit.

May 16, 1967.

Attorney(s) appearing for the Case

Barefoot Sanders, Asst. Atty. Gen., David L. Rose, Atty., Harvey L. Zuckman, Atty., Civil Div. Dept. of Justice, Washington, D. C., Richard C. Gormley, present U. S. Atty., William P. Copple, former U. S. Atty., John Eldridge, Asst. U. S. Atty., Phoenix, Ariz., for appellant.

Robert C. Kelso, James Moeller, D. W. Grainger, Lewis, Roca, Scoville, Beauchamp & Linton, Phoenix, Ariz., for appellee.

Before HAMLEY, HAMLIN and DUNIWAY, Circuit Judges.

HAMLEY, Circuit Judge:

The personal representative of Ernest J. Becker, deceased, brought this action against the United States under the Federal Tort Claims Act (Act), 28 U.S.C. §§ 1346(b) and 2671 et seq. (1964), to recover damages for the wrongful death of Becker. Becker was killed while riding as a passenger in an airplane being used on a forest fire reconnaissance flight for the Forest Service of the United States Department of Agriculture. The airplane...

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