No. 88-3177.

877 F.2d 40 (1989)

Jane J. SMITH, Executrix of the Estate of Michael J. Smith, Plaintiff-Appellant, v. UNITED STATES of America, Lawrence B. Mulloy, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 11, 1989.

Attorney(s) appearing for the Case

W.F. Maready, Petree, Stockton & Robinson, G. Gray Wilson, Winston-Salem, N.C., for Jane J. Smith.

Gary W. Allen, Torts Branch/Civ. Div., U.S. Dept. of Justice, Washington, D.C., John W. Adler, Adler, Kaplan & Begy, Michael McQillen, Catherine Tinker, Chicago, Ill., for defendants-appellees.

Gary W. Takacs, Asst. U.S. Atty., Tampa, Fla., for U.S.

Before RONEY, Chief Judge, COX, Circuit Judge and MORGAN, Senior Circuit Judge.

RONEY, Chief Judge:

Navy Commander Michael J. Smith was one of the crew members killed aboard the space shuttle Challenger when it exploded about 74 seconds after its launch on January 28, 1986. In this negligence action, Jane J. Smith, as executrix of her husband's estate, sued the United States and Lawrence B. Mulloy, the Manager of the National Aeronautics and Space Administration's NASA] Rocket Booster Program at Marshall...

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