Florence Wattles HARTZ et al., Plaintiffs-Appellants-Cross-Appellees,
v.
UNITED STATES of America, Defendant-Appellee-Cross-Appellant.
United States Court of Appeals Fifth Circuit.https://leagle.com/images/logo.png
September 11, 1969.
September 11, 1969.
Attorney(s) appearing for the Case
Glover McGhee, Albert E. Phillips, Atlanta, Ga., George E. Morrow, Memphis, Tenn., Swift, Currie, McGhee & Hiers, Atlanta, Ga., Martin, Tate & Morrow, Memphis, Tenn., for appellant and cross-appellee Florence Wattles Hartz.
Charles L. Goodson, U. S. Atty., Atlanta, Ga., William D. Ruckelshaus, Asst. Atty. Gen., John C. Eldridge, Reed Johnston, Jr., Robert V. Zener, Attys., Civil Division, Appellate Section, Dept. of Justice, Washington, D. C., for the United States.
Before TUTTLE and GEWIN, Circuit Judges, and COMISKEY, District Judge.
United States Court of Appeals Fifth Circuit.
TUTTLE, Circuit Judge:
This is the second appearance of this federal tort claim case here. In our first decision, 5 Cir., 1968, 387 F.2d 870, we reversed the judgment of the trial court dismissing the suit because of that court's finding that the sole proximate cause of appellant-decedent's death was his negligence in taking off from the Atlanta airport shortly behind a large jet aircraft whose wing tip vortex, as agreed by all parties...
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