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PIERCE v. UNITED STATES

No. 82-5424.

718 F.2d 825 (1983)

W. Hobart PIERCE, Individually and as Administrator of the Estate of Richard L. Pierce, Deceased, et al., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 12, 1983.

Rehearing Denied November 10, 1983.

Attorney(s) appearing for the Case

Juanita Madole, Donald W. Madole, Speiser, Krause & Madole, Washington, D.C., Glover McGhee (argued), Swift, Currie, McGhee & Hiers, Atlanta, Ga., Thomas C. Binkley, Howser, Thomas, Summers, Binkley & Archer, Nashville, Tenn., for plaintiffs-appellants.

Kathlynn Fadely (argued), Civ. Div., U.S. Dept. of Justice, Gary Allen, F.A.A., Washington, D.C., for defendant-appellee.

Before LIVELY, Chief Judge, EDWARDS, Circuit Judge, and PHILLIPS, Senior Circuit Judge.

LIVELY, Chief Judge.

This is the second appeal in this action brought pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 1346 and 2671 (1976). The plaintiffs-appellants are the personal representatives of the pilot and five passengers in a small airplane, all of whom died in the crash of the plane on April 11, 1976. The facts are set forth in this court's earlier opinion. See Pierce v. United States, 679 F.2d 617

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