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RODRIQUEZ v. U.S.

Nos. 86-5099, 86-5147.

823 F.2d 735 (1987)

Noelia RODRIQUEZ, Administratrix of the Estate of Carlos A. Rodriquez and Administratrix Ad Prosequendum of Carlos A. Rodriquez, on behalf of his heirs-at-law v. The UNITED STATES of America, Days Flying Service, Inc., Liberty Aviation, Inc. & Manuel Diaz. Joyce THOMAS, Administratrix of the Estate of Haynesly S. Thomas v. UNITED STATES of America, Liberty Aviation, Inc., and Manuel Diaz, v. Noelia RODRIQUEZ, Administratrix of the Estate of Carlos A. Rodriquez, and Administratrix Ad Prosequendum of Carlos A. Rodriquez, on behalf of his heirs-at-law. Appeal of UNITED STATES of America, Appellant in No. 86-5099. Appeal of Noelia RODRIQUEZ and Joyce Thomas, Appellants in No. 86-5147.

United States Court of Appeals, Third Circuit.

Decided July 8, 1987.

Attorney(s) appearing for the Case

Richard K. Willard, Asst. Atty. Gen., Thomas W. Greelish, U.S. Atty., Mary Catherine Cuff, Asst. U.S. Atty., Gary W. Allen (argued), Director, Torts Branch, Civ. Div., Dennis F. Carroll, Trial Atty., U.S. Dept. of Justice, Washington, D.C., for U.S.

Alan Y. Medvin, Medvin & Elberg, Newark, N.J., for Noelia Rodriquez.

Francis G. Fleming, Steven R. Pounian (argued), Kreindler and Kreindler, New York City, for Joyce Thomas.

William J. Brennan, III, Smith, Stratton, Wise, Heher & Brennan, Princeton, N.J., for Mario Diaz.

Before SLOVITER, STAPLETON, Circuit Judges, and ROTH, District Judge.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

On a clear summer day, approximately seven private airplanes were practicing landings and take-offs at a New Jersey airport. After another plane received permission from the control tower to join the airport traffic pattern, it collided in midair with one of the planes already in the pattern. The two pilots in the incoming plane were killed. The ensuing litigation implicates the obligation of pilots operating...

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