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ARMSTRONG v. UNITED STATES

No. 84-3624.

756 F.2d 1407 (1985)

Richard K. ARMSTRONG, Personal Representative of the Estate of Ross Kenneth Armstrong, and William Van Doren, Personal Representative of Peter Patterson Deceased, Acting for and on Behalf of Jean Patterson, and the Estate of Peter Patterson, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 2, 1985.

Attorney(s) appearing for the Case

Roger E. Henderson, Houston & Henderson, Anchorage, Alaska, for appellants.

James P. Piper, Richard Stone, U.S. Dept. of Justice, Washington, D.C., for appellee.

Before WRIGHT and TANG, Circuit Judges, and CROCKER, Senior District Judge.

CROCKER, Senior District Judge:

Two light planes collided in mid-air at approximately 9:16 p.m. September 3, 1978 near Merrill Field in Anchorage, Alaska. Both pilots died and their authorized representatives brought suit under the Federal Tort Claims Act, 28 U.S.C. §§ 1346 et seq., alleging that the air traffic controllers were negligent. The district court consolidated the cases for trial and entered judgment for the government. This appeal was...

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