WASILKO v. UNITED STATES

Nos. 18720, 18721.

412 F.2d 859 (1969)

Helen WASILKO, Individually and as Executrix of the Estate of Edward G. Wasilko, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. Helen WASILKO, Individually and as Administratrix of the Estate of Edward A. Wasilko, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

August 13, 1969.


Attorney(s) appearing for the Case

Theodore E. Wolcott, New York City, John M. Reardon, Cleveland, Ohio, on brief, for Wasilko.

Michael C. Farrar, Department of Justice, Washington, D. C., William D. Ruckelshaus, Asst. Atty. Gen., Alan S. Rosenthal, Atty., Department of Justice, Washington, D. C., Bernard J. Stuplinski, U. S. Atty., Cleveland, Ohio, on brief, for United States.

Before O'SULLIVAN, PHILLIPS and CELEBREZZE, Circuit Judges.


PER CURIAM.

Mrs. Helen Wasilko brought action against the United States under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), for wrongful death of her husband and ten year old son. The actions were filed by Mrs. Wasilko individually and as executrix of the will of her husband and administratrix of the estate of her son.

The husband piloted a small singleengine airplane in which the son was a passenger. The...

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