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WILLIAMSON v. SARTAIN

No. CV-81-130-GF.

555 F.Supp. 487 (1982)

Sally WILLIAMSON, individually and as Personal Representative of the Estate of Walter E. Williamson, Tim Williamson, Mike Williamson, David Williamson and Tracy Yurek, Plaintiffs, v. Lyle SARTAIN and the Montana Civil Air Patrol, a United States corporation, Defendants.

United States District Court, D. Montana, Great Falls Division.

October 6, 1982.

Attorney(s) appearing for the Case

Robert F. James, James, Gray & McCafferty, Great Falls, Mont., James R. Safley, Harding A. Orren, Robins, Zelle, Larson & Kaplan, Minneapolis, Minn., for plaintiffs.

Stuart E. Schiffer, Acting Asst. Atty. Gen., Washington, D.C., Phillip J. Kolczynski, Trial Atty., Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for defendants.

MEMORANDUM OPINION

HATFIELD, District Judge.

I. FACTUAL BACKGROUND

The present action arises out of an airplane crash which occurred on September 14, 1980 and claimed the life of Walter F. Williamson, a member of the Montana Wing of the Civil Air Patrol. The crash occurred while Mr. Williamson was performing a United States Air Force authorized mission in his capacity as a volunteer member of the Civil Air Patrol (hereinafter the "CAP"). Plaintiffs...

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