TINKLER v. U.S. BY F.A.A.

No. 89-3105.

982 F.2d 1456 (1992)

Linda K. TINKLER; Jason P. Tinkler, a minor, by his parent and guardian, Linda Tinkler, and James E. Tinkler, IV, a minor, by his parent and guardian, Linda Tinkler, Plaintiffs-Appellants, v. UNITED STATES of America, acting by the FEDERAL AVIATION ADMINISTRATION, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 30, 1992.


Attorney(s) appearing for the Case

John W. Lungstrum of Stevens, Brand, Lungstrum, Golden & Winter, Lawrence, KS (Winton A. Winter, Jr. and Scott J. Bloch, with him on the brief), for plaintiffs-appellants.

James C. Wilson, Trial Atty., Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, D.C. (Stuart M. Gerson, Asst. Atty. Gen., Benjamin L. Burgess, Jr., U.S. Atty., and Janice Miller Karlin, Asst. U.S. Atty., with him on the brief), for defendant-appellee.

Before McKAY, Chief Judge, and HOLLOWAY and McWILLIAMS, Circuit Judges.


HOLLOWAY, Circuit Judge.

This is an appeal from a judgment against the plaintiff-appellant, Mrs. Tinkler, who brought suit individually and as parent and guardian of her two children. The action was maintained under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b), alleging negligence by a Federal Aviation Administration (FAA) employee for his acts and omissions in connection with his duty to furnish weather information to the pilot of an aircraft in which...

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