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UDSETH v. UNITED STATES

No. 75-1200.

530 F.2d 860 (1976)

Marlys J. UDSETH, as Administratrix of the Estate of Peter D. Udseth, Deceased, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Tenth Circuit.

Decided March 1, 1976.

Attorney(s) appearing for the Case

Zenon F. Myszkowski, Marchiondo & Berry, P. A., Albuquerque, N. M., for appellant.

Barbara L. Herwig, Atty., Appellate Section, Civ. Div., Dept. of Justice, Washington, D.C. (Rex E. Lee, Asst. Atty. Gen., Washington, D.C., Victor R. Ortega, U.S. Atty., Albuquerque, N. M., and Stephen F. Eilperin, Atty., Appellate Section, Civ. Div., Dept. of Justice, Washington, D.C., with her on the brief), for appellee.

Before SETH, HOLLOWAY and DOYLE, Circuit Judges.

SETH, Circuit Judge.

This is a wrongful death action brought under the Federal Tort Claims Act by the administratrix of the estate of Peter D. Udseth. The decedent was a student pilot killed in an airplane crash in New Mexico. The complaint alleged that the crash and subsequent death of Udseth were due to the negligence of a flight instructor, Joe Ellis Turner, who also died in the crash. It was alleged that Turner was in...

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