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HARTZ v. UNITED STATES

No. 23647.

387 F.2d 870 (1968)

Florence Wattles HARTZ, Margaret Elwyn Roth and Globe Indemnity Company, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

January 11, 1968.

Attorney(s) appearing for the Case

John W. Prewitt, Vicksburg, Miss., George E. Morrow, Memphis, Tenn., Glover McGhee, Albert E. Phillips, Atlanta, Ga., Swift, Currie, McGhee & Hiers, Atlanta, Ga., Martin, Tate & Morrow, Memphis, Tenn., Prewitt & Bullard, Vicksburg, Miss., for appellants.

Morton Hollander, Lawrence R. Schneider, Howard J. Kashner, David L. Rose, Attys., Dept. of Justice, Washington, D. C., for appellee.

Before TUTTLE and AINSWORTH, Circuit Judges, and FULTON, District Judge.

FULTON, District Judge:

These are consolidated actions which were brought under the Federal Tort Claims Act (28 U.S.C. §§ 1346(b), 2671 et seq.) to recover for the deaths of William B. Hartz and Harold S. Roth and for property damage to a Beechcraft Bonanza airplane. The deaths and damage occurred when the Bonanza crashed on a take-off from the Atlanta Municipal Airport. Hartz was the pilot of the Bonanza. He was certified as a pilot by the Federal Aviation...

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