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BEATTIE v. UNITED STATES

No. 84-5413.

756 F.2d 91 (1984)

Martin John BEATTIE, et al. v. UNITED STATES of America, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 31, 1984.

Dissent and Concurrence Filed February 26, 1985.

As Amended February 26, 1985.

Attorney(s) appearing for the Case

Gary W. Allen, Asst. Director, Torts Branch, U.S. Dept. of Justice, Washington, D.C., with whom Richard K. Willard, Acting Asst. Atty. Gen., U.S. Dept. of Justice, and Joseph E. diGenova, U.S. Atty., Washington, D.C., were on brief for appellant.

Philip Silverman, Washington, D.C., with whom Juanita M. Madole, Washington, D.C., was on brief for appellee.

Before WALD and SCALIA, Circuit Judges, and WILKEY, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge WILKEY.

Opinion dissenting filed by Circuit Judge SCALIA.

Opinion concurring filed by Circuit Judge WALD.

WILKEY, Senior Circuit Judge:

This case arises out of the crash of an Air New Zealand aircraft into Mount Erebus, Antarctica, on 28 November 1979. All persons on board were killed. On 12 January 1983 plaintiffs filed a complaint in the United States...

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