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CARTER v. CITY OF CHEYENNE

No. 79-2211.

649 F.2d 827 (1981)

Tracey CARTER, as Personal Representative of the Estate of Charles M. Carter, Deceased, Plaintiff, v. The CITY OF CHEYENNE, The Cheyenne Municipal Airport and Northrup Corporation, Defendants, v. The CITY OF CHEYENNE, Third-Party Plaintiff and Appellant, v. The UNITED STATES of America, Third-Party Defendant and Appellee.

United States Court of Appeals, Tenth Circuit.

Decided May 29, 1981.

Attorney(s) appearing for the Case

John B. Rogers, Cheyenne, Wyo., for third-party plaintiff and appellant.

Paul M. Honigberg, Dept. of Justice, Washington, D. C. (Alice Daniel, Asst. Atty. Gen., Washington, D. C., Charles E. Graves, U. S. Atty., J. Charles Theisen, Atty., Civil Division, Torts Branch, Dept. of Justice, Washington, D. C., on the brief), for third-party defendant and appellee.

Before BARRETT, DOYLE and McKAY, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

This action arose out of the crash of an aircraft, a United States Air Force T-38, which crash occurred on July 25, 1977, while a landing was being attempted on the airfield runway of the municipal airport at Cheyenne, Wyoming. Captain Charles M. Carter, the deceased in this case, was the pilot of the aircraft. He was part of the Air Force Thunderbird Demonstration Team. Unfortunately, Captain Carter was killed in the crash.

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