TODD v. UNITED STATES

No. 75-1876.

553 F.2d 384 (1977)

Judith McRoberts TODD, Individually and as Executrix of the Estate of George W. Todd, III, Deceased, and Judith McRoberts Todd, as mother and next friend of George W. Todd, IV, et al., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 31, 1977.


Attorney(s) appearing for the Case

Homer H. Humphries, Jr., Jacksonville, Fla., MacLean & Brooke, Alban E. Brooke, Jacksonville, Fla., Banner & McIntosh, Jack G. Banner, Wichita Falls, Tex., for plaintiffs-appellants.

John L. Briggs, U. S. Atty., Jacksonville, Fla., Mark A. Dombroff, Robert R. Smiley, III, Fed. Aviation Agency, U. S. Dept. of Justice, Leonard Schaitman, Eloise E. Davies, Appellate Sec., Civil Div., Dept. of Justice, Washington, D. C., for defendant-appellee.

Before WISDOM, GEE and FAY, Circuit Judges.


PER CURIAM:

For the reasons stated in detail by the trial court, 384 F.Supp. 1284, M.D.Fla. 1975, we hold that the United States was not liable to the plaintiff1 under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-80 (1970). The plaintiffs' claims are barred by the decedent's contributory negligence.2 The record clearly supports the district court's...

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