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SWOBODA v. UNITED STATES

No. 79-3665.

662 F.2d 326 (1981)

Anne W. SWOBODA, individually and as the Personal Representative of the Estate of Gerard S. Swoboda, Deceased, Plaintiff-Appellee Cross-Appellant, v. UNITED STATES of America, Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B.

Rehearing and Rehearing Denied January 25, 1982.

Attorney(s) appearing for the Case

Ronald R. Glancz, Aviation Unit, Torts Section, U. S. Dept. of Justice, Susan A. Ehrlich, Anthony J. Steinmeyer, Linda Jan S. Pack, U. S. Dept. of Justice, Civ. Div., Appellate Staff, Washington, D. C., for defendant-appellant cross-appellee.

Bunnell & Denman, James B. Denman, Fort Lauderdale, Fla., Clifford B. Wentworth, Hollywood, Fla., for plaintiff-appellee cross-appellant.

Before FRANK M. JOHNSON, Jr., HENDERSON and THOMAS A. CLARK, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 25, 1982.

FRANK M. JOHNSON, Jr., Circuit Judge:

Plaintiff Anne Swoboda filed a wrongful death action under the Federal Tort Claims Act, 28 U.S.C.A. § 1346 et seq., and the Death on the High Seas Act, 46 U.S.C.A. § 761 et seq., alleging that the Federal Aviation Administration (FAA) proximately caused the death of her husband, Gerard Swoboda, by negligently failing to institute proper rescue...

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