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RUDELSON v. UNITED STATES

Nos. 77-3599, 78-2110, 77-3668 and 78-1519.

602 F.2d 1326 (1979)

Justin RUDELSON, a minor, Jordan Rudelson, a minor, each by Jolyn Rudelson acting as their Guardian ad Litem and Jolyn Rudelson Individually, Plaintiffs-Appellees, (Cross-Appellants), v. UNITED STATES of America, Defendant-Appellant, (Cross-Appellee). Frances AARDEMA, Gregory Aardema and Gary Aardema, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant. NATIONAL INDEMNITY COMPANY et al., Plaintiff-Appellant, v. The UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

August 23, 1979.

Attorney(s) appearing for the Case

Arnold L. Ross, (argued), Ross, Fields & Zax, Beverly Hills, Cal., for defendant-appellant.

Eliose E. Davies, Washington, D. C., (argued), for defendant-appellant and on brief for plaintiffs-appellees.

Ian Herzog, Law Offices of Ned Good, Los Angeles, Cal., for plaintiffs-appellees.

Before TRASK, GOODWIN and SNEED, Circuit Judges.

TRASK, Circuit Judge:

On September 9, 1971, a dual-controlled Cessna airplane owned by Aviation Unlimited, Inc. and piloted by Jerrold Rudelson, a student aviator, and Thomas DuVal, a flight instructor, collided in mid-air with a Piper aircraft flown by Marvin Aardema. The collision occurred about a mile south of the Santa Monica, California airport control tower at approximately 1,000 feet above the airfield on the downwind leg of the traffic pattern for runway 21...

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