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KALAVITY v. UNITED STATES

Nos. 76-2579, 76-2580.

584 F.2d 809 (1978)

Louis KALAVITY, Administrator of the Estate of Dorsie H. Kitchen, Jr., Deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 10, 1978.

Attorney(s) appearing for the Case

Donald P. Traci, Spangenberg, Shibley, Traci & Lancione, Craig Spangenberg, Cleveland, Ohio, for plaintiff-appellant cross-appellee.

Frederick M. Coleman, U. S. Atty., Cleveland, Ohio, Morton Hollander, John G. Laughlin, Robert S. Greenspan, Civ. Div., Dept. of Justice, Washington, D. C., for defendant-appellee cross-appellant.

Before KEITH and MERRITT, Circuit Judges, and CECIL, Senior Judge.

MERRITT, Circuit Judge.

Plaintiff's husband was one of sixteen parachutists who drowned in Lake Erie August 27, 1967, as a result of the negligence of a federal air traffic controller at an Ohio airport near Oberlin. The parachutist's next-of-kin successfully established liability against the United States under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), in Freeman v. United States, 509 F.2d 626 (6th Cir. 1975)...

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