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NAISBITT v. UNITED STATES

Nos. 79-1237, 79-1238, 79-1239, 79-1240 and 79-1241.

611 F.2d 1350 (1980)

Byron H. NAISBITT, Executor of the Estate of Carol Naisbitt, Deceased; Byron H. Naisbitt, As Guardian Ad Litem of Cortney Naisbitt, Laura W. Sword, Administratrix of the Estate of Sherry Michelle Ansley, Deceased; Orren W. Walker, Jr.; and Orren W. Walker, Jr., Administrator of the Estate of Stanley O. Walker, Deceased, Plaintiffs-Appellants, v. The UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided January 2, 1980.

Attorney(s) appearing for the Case

C. C. Patterson, Joseph H. Bottum and Bruce R. Baird, Ogden, Utah, for plaintiffs-appellants.

Barbara Allen Babcock, Asst. Atty. Gen., Washington, D.C., Ronald L. Rencher, U.S. Atty., Salt Lake City, Utah and Robert E. Kopp and Phyllis Jackson Lee, Civil Division, Dept. of Justice, Washington, D.C., for defendant-appellee.

Before McWILLIAMS, DOYLE and LOGAN, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

This action was brought by personal representatives of a number of persons who were victims of crimes committed by two airmen, Dale S. Pierre and William Andrews, who were assigned to duty at Hill Air Force Base near Ogden, Utah. The case arose under 28 U.S.C. §§ 1346 and 2671 et seq. There are five different lawsuits which have been consolidated for trial and for appeal.

The incidents here occurred on April...

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