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MITCHELL v. UNITED STATES

No. 85-3744.

787 F.2d 466 (1986)

Opal V. MITCHELL, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 15, 1986.

Attorney(s) appearing for the Case

H.K. Dano, Dano, Cone, Fraser & Gilreath, Moses Lake, Wash., and Charles Bush, Seattle, Wash., for plaintiff-appellee.

Harold J. Krent, Dept. of Justice, Washington, D.C., for defendant-appellant.

Before WALLACE and SKOPIL, Circuit Judges, and HENDERSON, District Judge.

SKOPIL, Circuit Judge:

The government appeals from a district court finding of liability for the death of Vernon Mitchell. We reverse.

FACTS AND PROCEEDINGS BELOW

Vernon Mitchell contracted to crop dust a field located near the Yakima River in Washington. On May 18, 1980 his plane struck unmarked power transmission ground wires, resulting in his death. His wife, Opal Mitchell, brought a wrongful death action against Bonneville Power Administration...

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