COATNEY v. BERKSHIRE

No. 73-1741.

500 F.2d 290 (1974)

Dorothy M. COATNEY, Appellant, v. Robert L. BERKSHIRE and United States of America, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 22, 1974.


Attorney(s) appearing for the Case

Thaine Q. Blumer, Kansas City, Mo., for appellant.

Bert C. Hurn, U. S. Atty., Robert G. Ulrich, Asst. U. S. Atty., Kansas City, Mo., and Neil R. Eisner, Trial Atty., Federal Aviation Administration, Washington, D. C., for appellees.

Before BRIGHT, STEPHENSON and WEBSTER, Circuit Judges.


STEPHENSON, Circuit Judge.

This is an appeal from a decision in favor of defendant-appellees in an action arising out of a mid-air collision of two light aircraft. It is contended that the finding of the trial court that the negligence of both pilots and not the control tower was the proximate cause of the collision is clearly erroneous. Appellant further urges that the trial court erred in denying recovery under the Missouri Humanitarian Doctrine. We affirm.

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