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HALEY v. U.S.

Civ. Nos. A-C-85-128, A-C-85-371.

654 F.Supp. 481 (1987)

Jack Michael HALEY, Administrator of the Estate of Patrick Shawn Haley, Plaintiff, v. UNITED STATES of America, Defendant. Betty M. HENNINGS, Administratrix of the Estate of John T. Hennings and Belinda D. Hennings, Administratrix of the Estate of Howard D. Hennings, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, W.D. North Carolina, Asheville Division.

February 20, 1987.

Attorney(s) appearing for the Case

Moretz & Stephenson by J. Douglas Mortez and Jonathan Silverman, Sanford, N.C., for plaintiffs Haley and Hennings.

Richard K. Willard, Asst. Atty. Gen., Civ. Div., Torts Branch, Wendy L. Rome, Trial Atty., U.S. Dept. of Justice, Civ. Div., Torts Branch, Washington, D.C., U.S. Atty. Charles R. Brewer, Asst. U.S. Atty., Clifford C. Marshall, Asheville, N.C., Mark B. Baylen, F.A.A., Washington, D.C., for defendant.

MEMORANDUM OF DECISION

SENTELLE, District Judge.

These cases arise out of a tragic air crash of February 22, 1983, near Asheville, North Carolina. The plane which crashed was a Comanche PA-24 designated N6313P (hereinafter referred to as 13 Papa).1 John T. Hennings and Howard G. Hennings, plaintiffs' intestates in A-C-85-371, chartered a plane in Sanford, North Carolina, on the morning of the day of the crash and hired Patrick...

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