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MEDLEY v. UNITED STATES

Nos. C-79-2832 RPA, C-80-3777 RPA and C-79-1842 RPA.

543 F.Supp. 1211 (1982)

Harold C. MEDLEY, Gary Canova, Toni Breese and Suzanne Edwards, Plaintiffs, v. UNITED STATES of America, Defendant. CENTRAL NATIONAL INSURANCE COMPANY OF OMAHA, NEBRASKA, Plaintiffs, v. UNITED STATES of America, Defendant. AETNA CASUALTY & SURETY COMPANY, Plaintiff, v. UNITED STATES of America [Federal Aviation Administration (Department of Transportation), National Oceanic and Atmospheric Administration (Department of Commerce)], Defendants.

United States District Court, N. D. California.

June 30, 1982.

Attorney(s) appearing for the Case

Jack T. Friedman, Carroll, Burdick, McDonough, Thomas J. Brandi, Abramson & Bianco, San Francisco, Cal., for plaintiffs.

Mary L. Grad, J. Paul McGrath, U. S. Dept. of Justice, Washington, D. C., for defendant.

OPINION AND ORDER

AGUILAR, District Judge.

These three consolidated actions arise out of two separate aircraft crashes in the Sierra Nevada mountain range. In April of 1978, Harold C. Medley was piloting his Beechcraft Sundowner C-23 aircraft, with his wife as passenger, from San Jose, California, to an intended destination in Death Valley, California. As the plane was crossing the Sierras, "rapidly rising terrain which was beyond the performance level of...

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