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McCAULEY v. UNITED STATES

Nos. 72-1034, 72-1035.

470 F.2d 137 (1972)

Nadine A. McCAULEY, as surviving widow of James P. McCauley, deceased, Appellee, v. UNITED STATES of America, Appellant. Shirley Diane STOKE, surviving widow of Richard Clare Stoke II, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Ninth Circuit.

October 31, 1972.

Attorney(s) appearing for the Case

William Kanter (argued), Walter H. Fleischer, Washington, D. C., William C. Smitherman, U. S. Atty., Phoenix, Ariz., Harlington Wood, Jr., L. Patrick Gray, III, Asst. Attys. Gen., Washington, D. C., for appellant.

Edward C. Rapp (argued), of Tupper, Rapp, Salcito & Schlosser, P. A., Phoenix, Ariz., Robert J. Welliever (argued), of Welliever & Smith, Lee Galusha and Gerald F. Sullivan, Phoenix, Ariz., for appellees.

Before DUNIWAY, CARTER, and GOODWIN, Circuit Judges.

ALFRED T. GOODWIN, Circuit Judge:

The government has appealed in these consolidated federal-tort-claims actions in which two widows seek damages arising out of a fatal collision between an airplane and an unmarked government power line.

Pilot and passenger were killed on a pleasure flight when their light plane encountered transmission lines suspended over the southeastern end of Lake Havasu. One other plane had hit the lines since their construction in 1949...

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