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ASSOCIATED AVIATION UNDERWRITERS v. UNITED STATES

No. CA 3-76-0435-C.

462 F.Supp. 674 (1978)

ASSOCIATED AVIATION UNDERWRITERS and Fidelity & Casualty Company of New York v. UNITED STATES of America.

United States District Court, N. D. Texas, Dallas Division.

As Amended January 24, 1979.

Attorney(s) appearing for the Case

H. Dudley Chambers and Robert F. Ruckman, Jackson, Walker, Winstead, Cantwell & Miller, Dallas, Tex., for plaintiff.

Nicholas Gilman and Cecile Hatfield, Trial Attys., Aviation Section, Civ. Div., Dept. of Justice, Washington, D. C., Kenneth J. Mighell, U. S. Atty., Dallas, Tex., for defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

WILLIAM M. TAYLOR, Jr., District Judge.

These cases against the United States arise under the Federal Tort Claims Act. 28 U.S.C. § 2671, et seq. Jurisdiction properly resides in this Court pursuant to 28 U.S.C. § 1346(b), and these cases were tried to the Court commencing on April 17, 1978.

On June 9, 1974, at approximately two minutes after midnight...

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