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SHANKLE v. U.S.A.

No. 85-2008.

796 F.2d 742 (1986)

Sallie SHANKLE, etc., Plaintiff-Appellee, Cross-Appellant, v. U.S.A., Defendant-Appellant and Cross-Defendant-Appellee, Cross-Appellee, v. Shirley Ann GREIG, etc., et al., Defendant-Cross Plaintiff-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 9, 1986.

Attorney(s) appearing for the Case

Robert J. Gross, Jan K. Von Flatern, Washington, D.C., for U.S.

Branton, Warncke, Hall & Gonzales, James L. Branton, Mark J. Cannan, San Antonio, Tex., for Greig.

Fulbright & Jaworski, Winstol D. Carter, Jr., D. Dudley Oldham, Houston, Tex., for Aerialitis, Inc.

Christopher G. Gallavan, Dallas, Tex., for Estate of William Greig.

Clyde Fred Shannon, Barbara N. Nellermoe, San Antonio, Tex., for Sallie Shankle.

Before WISDOM, RUBIN, and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This suit was brought under the Federal Tort Claims Act by the widow of a man who was killed when the civilian aircraft in which he was a passenger crashed at a United States Air Force base in Texas. The district court held that the government negligently allowed this plane, along with another civilian craft, to make a poorly planned formation flight over the air base. Holding that Texas tort law will not support a finding of...

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