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UNITED SCOTTISH INS. CO. v. UNITED STATES

Nos. 76-2813 to 76-2817.

614 F.2d 188 (1979)

UNITED SCOTTISH INSURANCE COMPANY et al., Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant. Kathleen M. FLEMING et al., Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant. Simone C. WEAVER et al., Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant. John William DOWDLE, Jr., Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant. Maxine CEARLEY et al., Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied February 11, 1980.

Attorney(s) appearing for the Case

Joseph T. Cook, Asst. U.S. Atty., Torts Section, Washington, D.C., for United States.

Richard F. Gerry, Casey, Gerry, Casey & Westbrook, San Diego, Cal., argued for plaintiffs-appellees; James H. Miller, Greer, Popko, Cornblum & Miller, San Diego, Cal., on the brief.

Before HUFSTEDLER and WALLACE, Circuit Judges, and WHELAN, District Judge.

WALLACE, Circuit Judge:

The government appeals from a district court judgment awarding damages in an action brought against it pursuant to the Federal Tort Claims Act (the Act), 28 U.S.C. §§ 1346(b), 2671-80, alleging that the Federal Aviation Administration (FAA) negligently inspected an aircraft which subsequently crashed. The government contends, among other things, that the Act does not provide for liability in this type of case. Because we conclude...

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