SCHALLIOL v. FARE

No. CIV.A.01-224, CIV.A.01-5671.

205 F.Supp.2d 432 (2002)

Mary SCHALLIOL, Plaintiff, v. John FARE, Jr., et al. Defendants. Louis Simon, et al., Plaintiffs, v. The United States of America, Defendants.

United States District Court, E.D. Pennsylvania.

June 7, 2002.


Attorney(s) appearing for the Case

Cathleen M. Devlin, Saul, Ewing, Remick and Saul, Phila, Harry A. Wilson, Jr., Wilson Kehoe & Winingham, Indianapolis, IN, H. Andrew Owen, Owen Gleaton Egan Jones & Sweeney, LLP, Atlanta, GA, D. Bruce Kehoe, Wilson, Kehoe & Winingham, Indianapolis, IN, Daniel S. Weinstock, Feldman, Shepherd, Wohlgelernter & Tanner, Phialadelphia, for Mary Schalliol, as Personal Representative of the Estate of Dennis Schalliol, Deceased, Plaintiffs.

Kevin J. Ruane, Francis R. Gartner & Associates, Blue Bell, David N. Zeehandelaar, Blank Rome Comisky & McCauley LLP, Philadelphia, Joseph Michael Lamonaca, G & M Building, Chadds Ford, J. Arthur Mozley, Mozley Finlayson & Loggins LLP, Atlanta, GA, for John Fare, Jr., as Personal Representative of the Estate of John Fare, Hart Delaware Corporation, Defendants.

Arthur G. Raynes, Stephen E. Raynes, Raynes, Mc Carty, Binder, Ross & Mundy, Phila, Aaron Samuel Podhurst, Podhurst Orseck Josefsberg, Miami, FL, Joel S. Perwin, Michael S. Olin, Podhurst Orseck Josefsberg Eaton, et al, Miami, FL, for Louis Simon, Howard Asher, Henry F. Miller, Suzanne Peterson, Executors of the Estate of B. Kenin Hart, Deceased, Plaintiffs.

Terence M. Healy, U.S. Dept. of Justice, Torts Branch, Civil Div., Washington, DC, Rodney Patton, U.S. Dept. of Justice, Torts Branch, Washington, DC, for the United States of America, Defendants.


MEMORANDUM AND ORDER

KATZ, Senior District Judge.

On January 18, 2000 an aircraft crashed, killing all four persons on board, when the air traffic controller in Indiana directed the plane to a runway which had been out of service since September 20, 1995. For over four years, the United States published an approach chart for that runway without any mention that it was no longer in service. The government contends that the discretionary function exemption...

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