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TURSAIR EXECUTIVE AIRCRAFT SERVICES, INC. v. UNITED STATES

No. 24336.

383 F.2d 381 (1967)

TURSAIR EXECUTIVE AIRCRAFT SERVICES, INC., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied November 8, 1967.

Attorney(s) appearing for the Case

John H. Wahl, Jr., Richard J. Thornton, Miami, Fla., Walton, Lantaff, Schroeder, Carson & Wahl and David K. Tharp, Miami, Fla., of counsel, for appellant.

Michael J. Osman, Asst. U. S. Atty., Miami, Fla., Leonard Schaitman, Alan S. Rosenthal, Attys., Dept. of Justice, Washington, D. C., Barefoot Sanders, Asst. Atty. Gen., William A. Meadows, Jr., U. S. Atty., for appellee.

Before TUTTLE and WISDOM, Circuit Judges, and HEEBE, District Judge.

PER CURIAM:

Tursair Executive Aircraft Services, Inc., the nominal plaintiff, sues the United States under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), to recover for damage to an aircraft negligently operated by an employee of the Federal Aviation Agency. Tursair, doing business in the Miami area of Florida, is a "fixed base" operator — a lessor of aircraft to qualified members of the public. The FAA had...

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