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BODRUG v. U.S.

Nos. 85-2163, 85-2210.

832 F.2d 136 (1987)

Danford Evan BODRUG and National Trust Company, Limited, executors of the estate of Evan Wesley George Bodrug, Plaintiffs-Appellants, Cross-Appellees, v. UNITED STATES of America and Federal Aviation Administration, Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

October 29, 1987.

Attorney(s) appearing for the Case

A. Alan Berger of Berger & Miranda, San Jose, Cal., for plaintiffs-appellants, cross-appellees.

John F. Cordes, Atty., Dept. of Justice, Washington, D.C. (Richard K. Willard, Asst. Atty. Gen., Washington, D.C., Brent D. Ward, U.S. Atty., Salt Lake City, Utah, and Marc Richman, Atty., Dept. of Justice, Washington, D.C., with him, on brief), for defendants-appellees, cross-appellants.

Before SEYMOUR, McWILLIAMS, and BALDOCK, Circuit Judges.

SEYMOUR, Circuit Judge.

The testate heirs of Evan Wesley George Bodrug brought this action for wrongful death against the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq. (1982). Plaintiffs appeal from a bench trial judgment in their favor, claiming that the amount of damages awarded by the court is insufficient in light of the evidence they presented. The Government cross-appeals from the district court's ruling on a choice...

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