Nos. 77-3180, 77-3116.

587 F.2d 991 (1978)

Helen E. MILLER, Administratrix of the Estate of Michael Lee Reilly, Plaintiff-Cross-Appellant, v. UNITED STATES of America, Defendant and Third Party Plaintiff-Appellee, v. David A. MILLER, Third Party Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

December 11, 1978.

Attorney(s) appearing for the Case

O. Nelson Parrish, James A. Parrish, Fairbanks, Alaska, for plaintiff-cross-appellant.

Thomas G. Wilson, Mark H. Gallant, Washington, D. C., for defendant and third party plaintiff-appellee.

Before WRIGHT, GOODWIN and ANDERSON, Circuit Judges.

J. BLAINE ANDERSON, Circuit Judge:

Michael Lee Reilly was killed when the airplane in which he was riding as a passenger crashed at the Fairbanks International Airport. His mother, Helen E. Miller (Miller-Appellee) brought suit against the United States under the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq., claiming that the air traffic controller, an employee of the United States, had been negligent. The United States filed a third-party complaint against...

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