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S.A. EMPRESA DE VIACAO AEREA RIO GRANDENSE v. U.S.

Nos. 81-5366, 81-5399.

692 F.2d 1205 (1982)

S.A. EMPRESA DE VIACAO AEREA RIO GRANDENSE (VARIG AIRLINES), Appellant, v. UNITED STATES of America, Appellee. Emma Rosa MASCHER; Alfred Rosa; Guido Rosa; Raymond Rosa; Bruno Rosa; Corido Rosa; and Ernest Rosa, individually and as Heirs and Legatees of Elio Rosa, deceased, et al., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 26, 1982.

Attorney(s) appearing for the Case

Robert R. Smiley, III, Smiley, Murphy, Olson & Gilman, Washington, D.C., for appellant.

John C. Hoyle, Washington, D.C., argued for appellee; Andrea Sheridan Ordin, U.S. Atty., Los Angeles, Cal., Leonard Schaitman, Washington, D.C., on brief.

Before CHAMBERS, GOODWIN and PREGERSON, Circuit Judges.

GOODWIN, Circuit Judge.

Plaintiffs sued the United States under the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq., for the loss of a Boeing 707 aircraft that crash landed after a lavatory unit caught fire.1 The Federal Aviation Administration (F.A.A.) had certified that the lavatory unit complied with F.A.A. fire protection standards. Varig alleged that the unit did not comply. The trial court granted the United States...

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