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FELDER v. UNITED STATES

Nos. 75-1267, 75-1455.

543 F.2d 657 (1976)

Gloria FELDER, Individually and as personal representative of the Estate of Harry Felder, Jr., Deceased, et al., Plaintiffs-Appellees, v. The UNITED STATES of America, Defendant-Appellant. Gloria FELDER, etc., et al., Betty Ann Henschen, etc., et al., and Lynda M. Burns, etc., et al., Plaintiffs-Cross-Appellants, v. The UNITED STATES of America, Defendant-Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

September 9, 1976.

Attorney(s) appearing for the Case

Eloise Davies, Asst. Atty. Gen. (argued), App. Section, Civil Div., Dept. of Justice, Washington, D.C., for appellant in No. 75-1267 and appellee in No. 75-1455.

Charles M. Brewer (argued), of Lewis & Roca, Phoenix, Ariz., for appellant in No. 74-1455 and appellees in No. 75-1267.

Before BARNES and ELY, Circuit Judges, and PALMIERI, District Judge.

PALMIERI, District Judge.

The Government has appealed from judgments for over two and a quarter million dollars awarded under the Federal Tort Claims Act (28 U.S.C. §§ 1346(b) and 2674) as a result of three wrongful death claims in the fatal crash of a Piper Comanche airplane at Tucson International Airport (the airport) on May 12, 1969. The pilot and two passengers in the plane were killed, and the plane (for which $9,000.00 was awarded) totally destroyed...

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