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MAYNARD v. UNITED STATES

No. 23534.

430 F.2d 1264 (1970)

Marilyn MAYNARD, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

August 27, 1970.

Attorney(s) appearing for the Case

James P. Connelly (argued), Cashatt, Williams, Connelly & Rekofke, Spokane, Wash., for appellant.

Carl Eardley (argued), Alan S. Rosenthal, Fred W. Drogula, Attys., Wm. D. Ruckelshaus, Asst. Atty. Gen., Civil Div., Dept. of Justice, Washington, D. C., Dean C. Smith, U. S. Atty., Spokane, Wash., for appellee.

Before KOELSCH and TRASK, Circuit Judges and BYRNE, District Judge.

PER CURIAM:

Marilyn Maynard sustained severe personal injuries when a horse she was riding became frightened by the sonic boom created by a U. S. Air Force SR-71 aircraft and threw her to the ground. Invoking the Federal Tort Claims Act (28 U.S.C. §§ 2671-80), she commenced this suit against the United States to recover damages. The gravamen of her complaint was that the aircraft's route was negligently selected. The United States moved for summary judgment...

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