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NAKAJIMA v. U.S.

No. 91-5534.

965 F.2d 987 (1992)

NAKAJIMA, Ishiro, individually and as personal representative of the Estate of Keiji Nakajima, Plaintiff-Appellee, Cross-Appellant, Nakajima, Yoshiko, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 7, 1992.

Attorney(s) appearing for the Case

Douglas Coleman, Torts Branch Civ. Div., U.S. Dept. of Justice, Washington, D.C., for defendant-appellant, cross-appellee.

Scott D. Sheftall, Robert C. Levine, Floyd Pearson Richman Greer Weil Zack Brumbaugh & Russomanno, P.A., Miami, Fla., for plaintiff-appellee, cross-appellant.

Before FAY and BIRCH, Circuit Judges, and DYER, Senior Circuit Judge.

DYER, Senior Circuit Judge:

This is a wrongful death case against the United States, brought pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq. The complaint alleged negligence of the FAA air traffic controller on duty at the Opa Locka airport at the time a Cessna 152 airplane collided in a mid-air crash with a Bell 47G helicopter. The district court found the United States to be 70% at fault and Keiji Nakajima, the helicopter pilot...

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