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REDMON BY AND THROUGH REDMON v. U.S.

No. 89-8050.

934 F.2d 1151 (1991)

Randall Wayne REDMON, By and Through his next friend and father, Ronald REDMON, and James Stanley Ewing and Scott Tyler Ewing, By and Through their next friend, Lewis Johnson, as Personal Representative for the Estate of Judith Ewing, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 3, 1991.

Attorney(s) appearing for the Case

Les Bowron (and Michael D. Zwickl of Beech Street Law Offices, Casper, Wyo., John R. Hursh of Hursh & Donohoue, Riverton, Wyoming, with him on the brief), for Plaintiffs-Appellants.

Wendy L. Rome, Trial Atty. (and Stuart E. Schiffer, Acting Asst. Atty. Gen., Department of Justice, Civ.Div., Washington, D.C., Richard A. Stacy, U.S. Atty., Cheyenne, Wyo., with her on the brief), for defendant-appellee.

Before BARRETT, BALDOCK and EBEL, Circuit Judges.

BALDOCK, Circuit Judge.

On September 2, 1985, Dr. Charles Ewing piloted his twin-engine Piper Seneca II aircraft into a severe thunderstorm over the Ogden, Utah, area. All on board, including Dr. Ewing's wife, Judith, were killed in the ensuing crash. Surviving family members, along with the personal representative of Judith Ewing's estate, brought this wrongful death action against the United States pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. §...

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