YATES v. UNITED STATES

No. 73-1656.

497 F.2d 878 (1974)

Charlotte Joan YATES et al., Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant. EAGLE STAR INSURANCE CO., LTD., Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 29, 1974.


Attorney(s) appearing for the Case

James J. McCarthy of Magana & Cathcart, Los Angeles, Cal. (Avelino V. Gutierrez and Dennis M. McCary of Keleher & McLeod, Albuquerque, N. M., on the brief), for appellee.

Jean A. Staudt, Atty., Dept. of Justice, Washington, D. C. (Irving Jaffe, Acting Asst. Atty. Gen., Victor R. Ortega, U. S. Atty., and Robert Kopp, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellant.

Russell Moore, Albuquerque, N. M., for plaintiff-appellee Eagle Star Ins. Co., Ltd.

Before BREITENSTEIN, BARRETT and DOYLE, Circuit Judges.


WILLIAM E. DOYLE, Circuit Judge.

Presented on appeal is an airplane casualty case, an action against the United States brought pursuant to the Federal Tort Claims Act, 28 U.S.C. § 1346(b). Following a trial to the court, judgment was entered in favor of the plaintiff, the widow of the pilot who died in the crash, in the total amount of $375,540, the same being loss of earnings and loss of services. Judgment in the amount of $8,500 was also entered for plaintiff...

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