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D'ANGELO v. UNITED STATES

Civ. A. Nos. 75-146, 77-171 and 76-2036 (E.D.Pa.).

456 F.Supp. 127 (1978)

Edeltraud B. D'ANGELO, Individually, and as Executrix of the Estate of John P. D'Angelo, and to the use of John P. D'Angelo, Jr., Richard D'Angelo, Cecilia D'Angelo, Thomas D'Angelo, Mary Martha D'Angelo, Barbara Ann D'Angelo, Theresa Lee D'Angelo, and Catherine Joan D'Angelo, Plaintiff, v. UNITED STATES of America, Defendant and Third-Party Plaintiff, v. ATLANTIC AVIATION CORPORATION, Third-Party Defendant.

United States District Court, D. Delaware.

June 21, 1978.

Attorney(s) appearing for the Case

Thomas J. Feeney, of Kania & Garbarino, Bala Cynwyd, Pa., for plaintiff Edeltraud B. D'Angelo.

James W. Garvin, Jr., U. S. Atty. for the District of Delaware by Kent W. Walker and John X. Denney, Jr., Asst. U. S. Attys., Wilmington, Del., for defendant and third-party plaintiff United States of America.

David L. Steck, of Rawle & Henderson, Philadelphia, Pa., and Franklin S. Eyster, III, Gen. Counsel, Atlantic Aviation Corp., Wilmington, Del., for third-party defendant Atlantic Aviation Corporation.

OPINION with FINDINGS OF FACT and CONCLUSIONS OF LAW

LAYTON, Senior District Judge.

This case is part of a consolidated action arising out of the May 16, 1974, crash of a Piper Cherokee airplane at the Wicomico County Airport near Salisbury, Maryland. Just as the plane left the ground upon take-off, it was struck in the rear by a jeep that was owned by the United States and driven by a Government employee. Before...

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