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MURFF v. UNITED STATES

No. 85-2002.

785 F.2d 552 (1986)

Olen Ward MURFF, Administrator of the Estate of Dan Allen Murff, Deceased, et al., Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 31, 1986.

Attorney(s) appearing for the Case

Richard R. Stone, Jr., Civ. Div., U.S. Dept. of Justice, James P. Piper, Senior Aviation Counsel, Torts Branch, Washington, D.C., Bob Wortham, U.S. Atty., Beaumont, Tex., for defendant-appellant.

George M. Fleming, Houston, Tex., David A. Slaughter, Texas City, Tex., Kenneth D. McConnico, Webster, Tex., John A. Betts, Houston, Tex., for plaintiffs-appellees.

Charles H. Smith, John R. Browning, Dallas, Tex., for Nat. Aviation Underwriters, Inc.

Before GEE, ALVIN B. RUBIN, and W. EUGENE DAVIS, Circuit Judges.

PER CURIAM.

Even judges should not take themselves too seriously. Discovery that one has simply misread a trial court finding is of great assistance in recalling this ancient truth to mind. Sua sponte, we withdraw our earlier opinion, substituting the following:

At a bench trial in this Federal Torts Claims Act1 case, the district court, 598 F.Supp. 290, apportioned fault in a mid-air collision...

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