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SAWYER v. UNITED STATES

No. 224, Docket 34045.

436 F.2d 640 (1971)

Patricia SAWYER, Administratrix of the Estate of Robert H. Sawyer, Deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 4, 1971.

Attorney(s) appearing for the Case

James A. Dooley, Chicago, Ill. (Clare J. Murphy, Calvin K. Hubbell, Chicago, Ill., James Dempsey, White Plains, N. Y., on the brief), for plaintiff-appellant.

Reed Johnston, Atty., Dept. of Justice (William D. Ruckelshaus, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., Edward R. Neaher, U. S. Atty., E.D.N. Y., on the brief), for defendant-appellee.

Before KAUFMAN, HAYS and GIBBONS, Circuit Judges.

HAYS, Circuit Judge:

On the morning of December 16, 1960, United Airlines Flight 826 (UAL 826), a turbo-jet DC-8 aircraft, collided in mid-air with Trans World Airlines Flight 266 (TWA 266), a propeller-driven aircraft, at an altitude of approximately 5,000 feet above Miller Army Air Base, Staten Island, New York. This tragedy resulted in the death of all 128 passengers and crew members aboard both aircraft. Plaintiff in this case is the wife and administratrix of...

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