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ECKLES v. UNITED STATES

No. 78-71 Civil.

471 F.Supp. 108 (1979)

Susan E. ECKLES, Executrix of the Last Will and Testament of Donald R. Eckles, Deceased, v. UNITED STATES of America.

United States District Court, M. D. Pennsylvania.

March 6, 1979.

Attorney(s) appearing for the Case

Wayne F. Shade, Carlisle, Pa., for plaintiff.

Paul Killion, Asst. U. S. Atty., Harrisburg, Pa., Cecile Hatfield, Trial Atty., Aviation Section, U. S. Dept. of Justice, Washington, D. C., John Harrison, Gary Allen, Fed. Aviation Admin. Dept. of Transportation, Washington, D. C., Capt. Peter Dalmut, U. S. Dept. of Army, Washington, D. C., for defendant.

MEMORANDUM AND ORDER

NEALON, Chief Judge.

Plaintiff has instituted this action pursuant to the Federal Tort Claims Act (hereinafter the Act), 28 U.S.C. §§ 1346(b), 2671 et seq.1 She seeks, as widow and executrix, to recover damages for the death of Lieutenant Colonel Donald R. Eckles, killed in a plane crash while flying, for recreational purposes, as a member of the Carlisle Barracks Aero Club. Plaintiff alleges that...

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