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BERGEMANN v. U.S.

No. 84-2051.

820 F.2d 1117 (1987)

Deborah D. BERGEMANN, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 9, 1987.

Attorney(s) appearing for the Case

Randall B. Aiman-Smith (Thomas G. Smith of Sterns, Smith, Walker, Pesonen & Grell, with him, on the brief), San Francisco, Cal., for plaintiff-appellant.

Jonathan M. Stern (Richard K. Willard, Acting Asst. Atty. Gen., Robert N. Miller, U.S. Atty., Denver, Colo., and James P. Piper, Sr. Aviation Counsel, Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, D.C., with him, on the brief), for defendant-appellee.

Before McKAY, BALDOCK and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

Mark Dunkle was killed in a mid-air collision of two small aircraft over Loveland, Colorado. Deborah Bergemann, claiming that she was the common law wife of Mark Dunkle, brought a wrongful death action in a state court of Colorado against Sky's West Parachute Center, Inc., a Colorado corporation, and Air U.S., also a Colorado corporation, the owners and operators of the two planes involved in the collision. On petition by Sky's West, the...

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