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BROOKS v. UNITED STATES

No. 84-1107.

757 F.2d 734 (1985)

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

United States Court of Appeals, Fifth Circuit.

April 19, 1985.

Attorney(s) appearing for the Case

James A. Rolfe, U.S. Atty., Dallas, Tex., Barbara B. O'Malley, Sp. Litigation Counsel, Dept. of Justice, Washington, D.C., for defendant-appellee.

Strasburger & Price, P. Michael Jung, H. Norman Kinzy, Dallas, Tex., for plaintiffs-appellants.

Before JOHNSON, and HILL, Circuit Judges, and HINOJOSA, District Judge.

JOHNSON, Circuit Judge:

This action under the Federal Tort Claims Act, which is on its second appeal to this Court, arises out of an airplane accident in which there was no personal injury. On January 14, 1977, a plane flown by one of the plaintiffs,1 Edward B. Brooks, Jr., landed at the Calhoun County Airport (CCA) in Port Lavaca, Texas. As the plane reached the second half of the runway, the plane encountered a part of the runway which...

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