BARBER v. UNITED STATES

Nos. 81-3412, 81-3436.

711 F.2d 128 (1983)

Janeen BARBER, individually and as Personal Representative for the Estate of, Robert William Barber, Deceased, Lisa Jean Barber, Janeen Barber in her representative capacity as mother of her infant children, Robin Janeen Barber and Robert W. Barber, Jr., Minors and on their behalfs, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee, BELLEFONTE INSURANCE COMPANY, A Delaware Corp., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. Arlene E. ZELLER, Substituted for Ross Zeller, deceased, and Corvallis Aero Service, Inc., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted April 21, 1983.

Decided July 19, 1983.


Attorney(s) appearing for the Case

Robert J. Neuberger, Burl & Green, Portland, Or., Dan Neal, Eugene, Or., Bruce Bailey, Burlingame, Cal., Jan Kitchel, Schwabe, Williamson, Wyatt, Moore & Roberts, Portland, Or., for plaintiffs-appellants.

J. Paul McGrath, Asst. Atty. Gen., Barbara J. Ballin, Washington, D.C., for defendant-appellee.

Before WALLACE, FARRIS, and NELSON, Circuit Judges.


NELSON, Circuit Judge:

Appellants challenge a district court judgment that appellants were not entitled to recover from the United States in a negligence action arising out of the crash of a private airplane. They contend that the district court's amended findings of fact regarding the comparative negligence of the parties should be set aside because they were made in order to conform to a predetermined outcome. We reverse and remand for a new trial.

FACTUAL...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases