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HAYES v. U.S.

No. 89-1152.

899 F.2d 438 (1990)

Jack H. HAYES and Jennifer Hayes, Plaintiffs-Appellees, Cross-Appellants, v. UNITED STATES of America, Defendant-Appellant, Cross-Appellee. JET EAST, INC., Plaintiff-Appellee, Cross-Appellant, v. UNITED STATES of America, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

May 1, 1990.

Attorney(s) appearing for the Case

Robert J. Gross, Aviation Unit Civ. Div., Torts Branch, U.S. Dept. of Justice, Washington, D.C., for U.S.

Noley R. Bice, Jr., Fulbright, Winniford, Waco, Tex., Grant Kaiser, Rockne W. Onstad, Abraham, Watkins, Nichols, Ballard, Onstad & Friend, Houston, Tex., for Hayes.

Charles H. Smith, John W. Moore, Maloney & Smith, Dallas, Tex., for Jet East, Inc.

Before BROWN, WILLIAMS and JONES, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

Appellees Jack Hayes and his wife Jennifer Hayes, and appellee/cross-appellant Jet East, Inc., sued the United States pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671 et seq., for personal injuries and property damage sustained in an aircraft accident. The district court found the United States 55% negligent and Jack Hayes 45% negligent. Under the Texas comparative negligence statute, Article 2212a...

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