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GILL v. UNITED STATES

No. 71-1536 Summary Calendar.

449 F.2d 765 (1971)

Gale S. GILL, Individually and as Guardian of her minor children, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant. Louise B. BARLOW, Individually and as Guardian of her minor children, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 1, 1971.

Attorney(s) appearing for the Case

Roby Hadden, U. S. Atty., Tyler, Tex., Walter H. Fleischer, William Kanter, Department of Justice, Washington, D. C., L. Patrick Gray, III, Asst. Atty. Gen., Washington, D. C., for defendant-appellant.

Bun L. Hutchinson, Victor Hlavinka, Atchley, Russell, Hutchinson & Waldrop, Texarkana, Tex., for Louise B. Barlow.

J. R. Hubbard, Wheeler, Watkins, Hubbard, Patton & Peek, Texarkana, Tex., for Gale S. Gill.

John D. Raffaelli, Texarkana, Tex., for Ann H. Bintliff.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

PER CURIAM:

In this suit for the death of two passengers killed in the crash of a private airplane, our earlier opinion, Gill v. United States, 429 F.2d 1072 (5th Cir. 1970), affirmed the District Court as to liability of the government for negligence but remanded for consideration of whether there was pilot negligence which proximately contributed to the accident.1

On remand the District Court...

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