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EXECUTIVE JET AVIATION, INC. v. UNITED STATES

No. 74-1243.

507 F.2d 508 (1974)

EXECUTIVE JET AVIATION, INC., et al., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Sixth Circuit.

December 12, 1974.

Attorney(s) appearing for the Case

Phillip D. Bostwick, Shaw, Pittman, Potts & Trowbridge, James Thomas Lenhart, Washington, D. C., Ron Tonidandel, Spieth, Bell, McCurdy & Newell, Phillip J. Campanella, Cleveland, Ohio, for appellants.

Fredrick M. Coleman, U. S. Atty., Cleveland, Ohio, Philip Silverman, Chief, Aviation Unit, Dept. of Justice, Leonard Schaitman, James C. Hair, Jr., Washington, D. C., Carla A. Hills, Asst. Atty. Gen., New York City, Karen K. Siegel, Washington, D. C., for appellee.

Before PHILLIPS, Chief Judge, and EDWARDS and PECK, Circuit Judges.

PHILLIPS, Chief Judge.

Executive Jet Aviation, Inc., and Executive Jet Sales, Inc., brought this action against the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2401(b), 2671-2680. The District Court dismissed the complaint, holding that Executive Jet is not the real party in interest and that lack of jurisdiction prevents joinder of Executive Jet's insurers, who are the real parties in interest. Executive Jet appeals from this...

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