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REDHEAD v. UNITED STATES

No. 81-2625.

686 F.2d 178 (1982)

Joan B. REDHEAD, Individually and as Co-Executrix of the Estate of Hugh McCulloch Redhead, Deceased, and the National Bank of Detroit, Co-Executor of the Estate of Hugh McCulloch Redhead, Deceased, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Third Circuit.

Decided August 6, 1982.

Attorney(s) appearing for the Case

Laidler B. Mackall (argued), Loren Kieve, Steptoe & Johnson, Washington, D. C., Mark A. Rosenblum, Houston, Cohen, Harbaugh & Lippard, Pittsburgh, Pa., for appellants.

J. Paul McGrath, Asst. Atty. Gen., Gary W. Allen, Asst. Director (argued), Torts Branch, Civ. Div., U. S. Dept. of Justice, Washington, D. C., J. Alan Johnson, U. S. Atty., Pittsburgh, Pa., for appellee.

Before ALDISERT, WEIS and BECKER, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

Plaintiffs sued the government under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq., alleging that an airplane crash was caused by the negligence of an air traffic controller in failing to direct the pilot of the plane to proceed to a safe altitude rather than allowing him to attempt a landing under marginal weather conditions. The district court held that, under the circumstances, the controller was...

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