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BROOKS v. UNITED STATES

No. 81-1530.

695 F.2d 984 (1983)

Edward B. BROOKS, Jr., et al., Plaintiffs-Appellees Cross Appellants, v. UNITED STATES of America, Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

As Amended on Denial of Rehearing March 17, 1983.

Attorney(s) appearing for the Case

James A. Rolfe, U.S. Atty., Stafford Hutchinson, Asst. U.S. Atty., Dallas, Tex., William R. Herman, Atty., Barbara B. O'Malley, Spec. Lit. Counsel, Torts Branch, Civ. Div., Dept. of Justice, Washington, D.C., for defendant-appellant cross-appellee.

Strasburger & Price, H. Norman Kinzy, Royal H. Brin, Jr., P. Michael Jung, Dallas, Tex., for plaintiffs-appellees cross-appellants.

Before BROWN, GEE and JOLLY, Circuit Judges.

GEE, Circuit Judge:

This tort action arises out of an airplane landing accident in which there was no personal injury. On January 14, 1977, a plane flown by one of the plaintiffs, Brooks, landed at the Calhoun County Airport (CCA) in Port Lavaca, Texas. As the plane reached the second half of the runway it encountered a part of the surface which had been torn up by construction work. As a result, the nose wheel collapsed and the airplane was badly damaged. The present...

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