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DRISCOLL v. UNITED STATES

Civ. A. Nos. 75-146, 76-277.

456 F.Supp. 143 (1978)

Betty Jane DRISCOLL (Cain), widow of Ellison C. Driscoll, Jr., Administratrix of the Estate of Ellison C. Driscoll, Jr., and next friend of Kerry E. Driscoll, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Delaware.

June 21, 1978.

Attorney(s) appearing for the Case

F. Alton Tybout, and John A. Elzufon, of Tybout & Redfearn, P. A., and Kenneth W. Lewis, of Daley & Lewis, Wilmington, Del., for plaintiff Betty Jane Driscoll (Cain).

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 United States of America.

OPINION with FINDINGS OF FACT and CONCLUSIONS OF LAW

LAYTON, Senior District Judge.

This case is one-third 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 the pilot was able to land the plane...

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