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BAIRD v. UNITED STATES

Nos. 79-1197, 79-1441.

653 F.2d 437 (1981)

Galen J. BAIRD, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee, v. CAPITOL AIR SERVICE, INC. and Vanguard Insurance Company, Intervenors-Appellants. and CAPITOL AIR SERVICE, INC. and Vanguard Insurance Company, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided June 29, 1981.

Attorney(s) appearing for the Case

Alan L. Rupe of Kahrs, Nelson, Fanning, Hite & Kellogg, Wichita, Kan. (Meryl D. Wilson of Stites, Hill & Wilson, Manhattan, Kan., and Darrell D. Kellogg of Kahrs, Nelson, Fanning, Hite & Kellogg, Wichita, Kan., with him on the brief), for plaintiffs-appellants.

James P. Buchele, U. S. Atty., Topeka, Kan., for defendant-appellee.

Before BARRETT, DOYLE, and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

This is a consolidated appeal after dismissal of a Federal Tort Claims suit under 28 U.S.C. §§ 1346(b), 2671-2680,1 against the United States for damages that resulted when a small aircraft crashed off the runway at the Paul Windle Airport in Kansas. The claimants are pilot Galen Baird, his employer Capitol Air Service, Inc., and its insurer Vanguard Insurance...

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