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DEAL v. UNITED STATES

No. 76-1592.

552 F.2d 255 (1977)

Jo C. DEAL et al., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 4, 1977.

Attorney(s) appearing for the Case

E. C. Gilbreath, Fort Smith, Ark., James W. Gallman, W. W. Bassett, Jr., Fayetteville, Ark., R. H. "Bud" Mills, Stanley W. Ludwig, James M. Roy, Jr., Springdale, Ark., on brief, for appellants.

Michael J. Pangia, Trial Atty., Aviation Unit, Dept. of Justice, Washington, D. C., Robert E. Johnson, U. S. Atty., Fort Smith, Ark., on brief, for appellee.

Before VAN OOSTERHOUT, Senior Circuit Judge, BRIGHT and ROSS, Circuit Judges.

PER CURIAM.

Dr. Deal and five passengers, travelling in a private plane piloted by Dr. Deal from Fayetteville to Harrison, Arkansas, were all killed in a tragic accident while attempting to land at the Harrison airport. Their executors brought this action against the United States under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), asserting the accident was proximately caused by the negligence of federal air traffic controllers.

The district court...

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