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MATTSCHEI v. UNITED STATES

Nos. 76-2759, 76-3157.

600 F.2d 205 (1979)

Cheryl MATTSCHEI et al., Plaintiffs-Appellees, Cross-Appellants, v. UNITED STATES of America, Defendant-Appellant, Cross-Appellee, v. CAREER AVIATION ACADEMY et al., Third Party Defendants, Appellees.

United States Court of Appeals, Ninth Circuit.

June 21, 1979.

Attorney(s) appearing for the Case

Thomas F. Schrag, Strom, Weiser, Schrag & Ott, Oakland, Cal., for plaintiffs-appellees, cross-appellants.

Mark N. Mutterperl, Appellate Section, Civil Division, Dept. of Justice, Washington, D. C., for defendant-appellant, cross-appellee.

Peter Axelrod, Neil D. Reid, Inc., San Francisco, Cal., for third party defendants, appellees.

Before BROWNING and KENNEDY, Circuit Judges, and DUMBAULD, District Judge.

KENNEDY, Circuit Judge:

Plaintiffs' decedent Robert Mattschei, pilot of a Cessna in communication with traffic controller Terry Conroy, died following a midair collision with a Cherokee piloted by Richard Mahon. The two pilots were approaching Hayward, California, Airport for landing, but they were in touch with different traffic controllers on separate radio channels. Plaintiffs sued the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674...

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