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IN RE AIR CRASH DISASTER NEAR CERRITOS, CAL.

No. 90-55224.

973 F.2d 1490 (1992)

In re AIR CRASH DISASTER NEAR CERRITOS, CALIFORNIA, AUGUST 31, 1986. Joan L. DI COSTA; Gilbert Di Costa, Plaintiffs-Appellants, v. AERONAVES DE MEXICO, S.A., dba: Aeromexico; Daniel W. O'Connell; John P. Kramer, as personal representatives for the Estate of William Kenneth Kramer, deceased; Roland Paul Furman, et al; United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 1, 1992.

Attorney(s) appearing for the Case

Ronald L.M. Goldman, Goldman & Stone, Marina Del Rey, Cal., for plaintiffs-appellants.

Marianne Finnerty, U.S. Dept. of Justice, Washington, D.C., for defendants-appellees.

Before PREGERSON, CANBY and RYMER, Circuit Judges.

CANBY, Circuit Judge:

Joan and Gilbert DiCosta appeal the district court's dismissal of their claims for negligent infliction of emotional distress under the Federal Tort Claims Act ("Act"), 28 U.S.C. § 2674. We reverse.

BACKGROUND

The DiCostas' complaint alleges that they were in their home on August 31, 1986 when two airplanes collided in mid-air and crashed to the ground in the DiCostas' neighborhood...

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