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SCHULER v. U.S.

Nos. 87-2142, 87-2143, 87-2170 and 87-2178.

868 F.2d 195 (1989)

Janice K. SCHULER, Co-Personal Representative of the Estate of Charles F. Schuler, Deceased; Ethelyn M. Wilson, Personal Representative of the Estate of Richard J. Wilson, Deceased, Plaintiffs-Appellees, Cross-Appellants, v. UNITED STATES of America, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 23, 1989.

Rehearing and Rehearing Denied May 3, 1989.

Attorney(s) appearing for the Case

Richard L. Clark, U.S. Dept. of Justice, Barbara B. O'Malley (argued), Washington, D.C., for defendant-appellant, cross-appellee.

Richard F. Schaden, Kathleen O'Brien Schaden (argued), Schaden, Heldman & Lampert, Denver, Colo., for plaintiffs-appellees, cross-appellants.

Before MARTIN, JONES, and NORRIS, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 3, 1989.

BOYCE F. MARTIN, Jr., Circuit Judge.

This case involves a crash at Muskegon County Airport in Michigan of a Cessna 401 twin engine, four passenger airplane which developed engine trouble after takeoff. The United States challenges the district court's finding that air traffic controllers negligently handled the return and attempted landing of the impaired Cessna 401, and that this negligence was the proximate...

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