TRANSCO LEASING CORP. v. U.S.

No. 88-1823.

896 F.2d 1435 (1990)

TRANSCO LEASING CORPORATION, et al., Plaintiffs, v. UNITED STATES of America, et al., Defendants. FIRST WICHITA NATIONAL BANK; First Wichita National Bank in its capacity as representative of the claims of Barbara Ann Williams; Tommy's Well Service, Inc.; and American Eagle Insurance Company, Appellants-Appellees, v. Brenda MANUEL, as Executor of the Estate of Wayne Manuel, Et Al.; Cynthia Manuel Ahart, individually and as Administratrix of the Estate of Steven R. Ahart, Et Al.; United States of America; American Excess Underwriters, Inc.; Cynthia Manuel Ahart, as Succession Representative and Curatrix of the Estate of Steven R. Ahart, Standard Fittings Corporation, and Transco Leasing Corporation, Appellees-Appellants.

United States Court of Appeals, Fifth Circuit.

March 26, 1990.


Attorney(s) appearing for the Case

Gerald R. Powell (argued), Assoc. Prof., Baylor University, Waco, Tex., D. Bradley Dickinson, Mark A. Hendrix, Vial, Hamilton, Koch & Knox, Dallas, Tex., for First Wichita Nat. Bank.

John D. Copeland, Dallas, Tex., for First Wichita as Representative of Barbara Williams.

P. Michael Jung, Kevin H. Good, Strasburger & Price, Dallas, Tex., for First Wichita as Executor of Jack Williams and Tommy's Well Service.

Christopher G. Gallavan, Johnson, Bromberg & Leeds, Dallas, Tex., for American Eagle.

Guy D. Choate, Mary Noel Golder, Tom Webb, Webb, Stokes, Sparks, Parker, Junell & Choate, San Angelo, Tex., for Brenda Manuel, ind. & Adm., Tina Vidrine and Michael Manuel.

Alex L. Andrus, III, Andrus & Doherty, Opelousas, La., for Brenda Manuel, individually and as Administratrix.

Stephen Santillo, Glen Armentor & Associates, Lafayette, La., for Tina Vidrine & Michael Manuel.

Richard C. Broussard (argued), Domengeaux & Wright, Lafayette, La., James C. Lopez, Opelousas, La., for Cynthia Manuel Ahart, individually and as Administratrix, Etc.

Gary W. Allen, Director, Torts Branch, Civ. Div., Dept. of Justice, Washington, D.C., for U.S.

Clayton E. Devin, Lori J. Bien, McCauley, MacDonald, Love, Devin & Brinker, P.C., Dallas, Tex., for Cynthia Manuel Ahart as Successor Rep. & American Excess Underwriters and Standard Fittings Corp.

Bruce S. Sostek, Thompson & Knight, Dallas, Tex., for Transco Leasing Corp.

Before LIVELY, JOLLY, and DUHÉ, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

This appeal involves two consolidated Federal Tort Claims Act cases for wrongful death and property damage arising out of a mid-air collision between two airplanes. The district court granted motions for partial summary judgment against the United States, holding that neither of the pilots was contributorily negligent. The district court entered partial summary judgment against the executor of the estate of one of the pilots on the ground...

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