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WORTHINGTON v. U.S.

No. 93-8109.

21 F.3d 399 (1994)

Marilyn Lee WORTHINGTON, Individually, as Personal Representative of the Estate of Frank Smoot Worthington, III, deceased, and as the duly appointed Executrix of the Estate of Frank Smoot Worthington, III, and as Mother and Natural Guardian of Frank S. Worthington, IV and Matthew Miles Worthington, Plaintiff-Counter-Defendant, Appellant, v. UNITED STATES of America, Defendant-Counter-Claimant, Appellee.

United States Court of Appeals, Eleventh Circuit.

May 23, 1994.

Attorney(s) appearing for the Case

David Timothy Whitworth, Fendig, McLemore, Taylor & Whitworth, Brunswick, GA, Robert L. Parks, Ralph O. Anderson, Anderson, Moss, Parks, Meyers & Sherouse, P.A., Miami, FL, for appellant.

Lawrence B. Lee, Asst. U.S. Atty., Savannah, GA, Sarah P. Collins, U.S. Dept. of Justice, Torts Branch, Civil Div., Wendy Rome, Washington, DC, for appellee.

Before BLACK, Circuit Judge, MORGAN and FAY, Senior Circuit Judges.

FAY, Senior Circuit Judge:

This appeal arises from plaintiff's Federal Tort Claims Act suit against the United States to recover damages for the wrongful death of her husband who died along with three passengers when the airplane he was piloting crashed. Appellant alleges that the district court misapplied Florida tort law by entering judgment for defendants after a bench trial. We agree, REVERSE the judgment, and REMAND for...

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