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HERREMAN v. UNITED STATES

No. 72-1055.

476 F.2d 234 (1973)

Janet M. HERREMAN et al., Plaintiffs-Appellants, v. UNITED STATES of America et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 22, 1973.

Attorney(s) appearing for the Case

Jack Aulik, Sun Prairie, Wis., for plaintiffs-appellants.

Harlington Wood, Jr., Morton Hollander, Robert M. Feinson, Dept. of Justice, Washington, D. C., David J. Cannon, U. S. Atty., Milwaukee, Wis., for defendants-appellees.

Before SWYGERT, Chief Judge, and STEVENS and SPRECHER, Circuit Judges.

SPRECHER, Circuit Judge.

The question is whether the widow of a National Guard officer killed while returning from a Florida fishing trip with the Adjutant General of the State of Wisconsin, as a non-paying passenger on a military aircraft, may sue the United States under the Federal Tort Claims Act.

Jerold F. Herreman was a Captain in the Wisconsin Army National Guard and the Army National Guard of the United States. On January 26, 1969, he joined Major General...

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