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MARTIN v. UNITED STATES

No. 78-1134.

586 F.2d 1206 (1978)

Joyce H. MARTIN, Executrix of the Estate of Benjamin Wilson Martin, Deceased, Mrs. Georgia G. Hendrickson, Administratrix of the Estate of Homer Hendrickson, Deceased, Sandra Allison, Individually and as next friend of Arthur J. Allison, Jr., and Lawrence Allison, minors, Mrs. Carlene Arnold Smith, Steven Lee Smith, and Ragsdale Aviation, Inc., Appellees, v. UNITED STATES of America, Appellant, v. Joyce H. MARTIN, Executrix of the Estate of Benjamin Wilson Martin, Deceased, Ben W. Martin Enterprises, Inc., Martin Terminals Company and Logicon, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided November 2, 1978.

Rehearing Denied November 29, 1978.

Attorney(s) appearing for the Case

Mark N. Mutterperl, Atty., Appellate Section, Civil Div., U. S. Dept. of Justice, Washington, D. C., for appellant; Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., W. H. Dillahunty, U. S. Atty., Little Rock, Ark., and Leonard Schaitman, Atty., Washington, D. C., on brief.

Henry Woods of McMath, Leatherman & Woods, Little Rock, Ark., and John G. Lile, III of Colemen, Gantt, Ramsay & Cox, Pine Bluff, Ark., for appellees; Charles B. Roscopf, Helena, Ark., Tom H. Davis and George M. Fleming, Austin, Tex., Silas B. Cooper, Abbeville, La., and William R. Overton, Little Rock, Ark., on brief.

Before HEANEY and STEPHENSON, Circuit Judges, and HANSON, Senior District Judge.

HEANEY, Circuit Judge.

On December 6, 1974, at approximately 5:24 P.M., a twin-engine Cessna, bearing the registration number N44JG, left New Orleans, Louisiana, enroute to Pine Bluff, Arkansas. The plane was owned by Ragsdale Aviation, Inc. Aboard the plane were Arthur J. Allison, an employee of Ragsdale and a qualified pilot; Benjamin W. Martin, also a qualified pilot; and Homer Hendrickson and Marvin L. Smith, two non-pilots, who were associates of Martin. The...

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