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FED. EXP. CORP. v. STATE OF R. I., DEPT. OF TRANSP.

Nos. 81-1033, 81-1058.

664 F.2d 830 (1981)

FEDERAL EXPRESS CORPORATION, et al., Plaintiffs, Appellants, v. STATE OF RHODE ISLAND, DEPARTMENT OF TRANSPORTATION, AIRPORTS DIVISION, et al., Defendants, Appellees. FEDERAL EXPRESS CORPORATION, et al., Plaintiffs, Appellees, v. STATE OF RHODE ISLAND, DEPARTMENT OF TRANSPORTATION, AIRPORTS DIVISION, Defendant, Appellant, and The United States of America, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided September 28, 1981.

Attorney(s) appearing for the Case

James J. Sentner, Jr., New York City, with whom Joseph E. Rendini, Haight, Gardner, Poor & Havens, New York City, James V. Aukerman, and Kenyon & Aukerman, Wakefield, R. I., were on brief, for Federal Express Corp. and United States Aviation Underwriters, Inc.

Daniel J. Schatz, Sp. Asst. Atty. Gen., Providence, R. I., with whom Dennis J. Roberts, II, Atty. Gen., Providence, R. I., was on brief, for the State of Rhode Island.

Kathlynn G. Fadely, Trial Atty., Civ. Div., Torts Branch, U. S. Dept. of Justice, Washington, D.C., with whom Paul F. Murray, U. S. Atty., Providence, R. I., and Thomas S. Martin, Acting Asst. Atty. Gen., Washington, D.C., were on brief, for the United States of America.

Before COFFIN, Chief Judge, ALDRICH and BREYER, Circuit Judges.

BREYER, Circuit Judge.

At about two o'clock in the morning on September 27, 1975, at Theodore F. Green State Airport outside Providence, Rhode Island, a Dassault Falcon 20-D jet aircraft mistakenly attempted to take off on an illuminated but inactive runway on which four aircraft had been parked. The ensuing collision happily caused no loss of life, but it did produce substantial property damage, including the destruction of the Falcon jet. Federal Express Corporation...

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