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ELKINS v. UNITED STATES

No. 14080.

429 F.2d 297 (1970)

Josie Mae ELKINS, Administratrix of the Estate of Ray Elkins, Deceased, and John A. Williams, Jr., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 24, 1970.

Attorney(s) appearing for the Case

James A. Eichner, Richmond, Va. (Allen, Allen, Allen & Allen, Richmond, Va., on brief) for appellants.

Robert S. Irons and James G. Welsh, Asst. U. S. Attys., for appellees.

Before BRYAN and CRAVEN, Circuit Judges, and JONES, District Judge.

WOODROW WILSON JONES, District Judge:

The appellants brought this action against the appellee, United States of America, under the Federal Tort Claims Act, 28 U.S.C.A. § 1346(b) for damages for the death of Ray Elkins and the personal injuries of John A. Williams, Jr., resulting from an explosion of an airplane tire while they were removing it from the rim. The matter was heard before the District Judge who denied recovery on the basis of contributory negligence...

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