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NEAL v. UNITED STATES

No. 75-3922.

562 F.2d 338 (1977)

Mrs. Menetta G. NEAL, as Administratrix of the Estate of Wallace C. Neal, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 16, 1978.

Attorney(s) appearing for the Case

Ronald T. Knight, U. S. Atty., Macon, Ga., William Kanter, Rex E. Lee, Asst. Atty. Gen., Mark A. Dombroff, Aviation Unit, Torts Section, Civ. Div., U. S. Dept. of Justice, Washington, D. C., for defendant-appellant.

Albert W. Stubbs, Richard Y. Bradley, Columbus, Ga., Glover McGhee, G. Michael Hartley, Atlanta, Ga., for plaintiff-appellee.

Before TUTTLE, MORGAN, and HILL, Circuit Judges.

MORGAN, Circuit Judge:

Menetta G. Neal, representing the estate of her deceased husband, Wallace C. Neal, brought this action under the Federal Tort Claims Act, 28 U.S.C.A. § 1346 (1976), seeking to recover damages for fatal injuries to her husband allegedly caused by the negligence of air traffic controllers, employees of the defendant, the United States. Defendant appeals from a verdict awarding plaintiff damages in the amount of $536,222.95.

The trial...

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