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AIRPLANES OF BOCA, INC. v. U.S. EX REL. F.A.A.

No. 01-8028-CIV.

254 F.Supp.2d 1304 (2003)

AIRPLANES OF BOCA, INC., a Delaware corporation.; Jeffrey S. Mintz, as personal representative of the Estate of Michael D. Mintz; Penni-Sue Vera, as personal representative of the Estate of Enid Mintz; John P. Seiler, Adm. Ad Litem of the Estate of Joel Mintz, Plaintiffs, v. UNITED STATES of America, by its FEDERAL AVIATION ADMINISTRATION, Defendants.

United States District Court, S.D. Florida, West Palm Beach.

March 14, 2003.

Attorney(s) appearing for the Case

Francis J. Carroll, Jr., Boehm Brown Seacrest & Fischer, Frank Bradley Hassell, Eubank Hassell & Moorhead, Daytona Beach, Don Howarth, Howarth & Smith, Los Angeles, CA, Robert L. Parks, Jeannete Lewis Bologna, Haggard Parks Haggard & Bologna, Coral Gables, for Airplanes of Boca, Inc., a Delaware corporation, the Estate of Enid Mintz, plaintiff.

Maureen Donlan, United States Attorney's Office, Miami, Steven J. Riegel, United States Department of Justice, Torts Branch, Civil Division, Washington, DC, David I. Mellinger, AUSA, United States Attorney's Office, Fort Lauderdale, Stephen V. Dunn, Federal Aviation Administration, Office of the Chief Counsel, Washington, DC, for United States of America, by its Federal Aviation Administration, defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

RYSKAMP, District Judge.

I. Findings of Fact

A. The Pilot

On January 21, 1998, Mr. Michael D. Mintz held a commercial pilot certificate permitting him to fly single- and multiengine land airplanes in instrument conditions, and a current second-class medical certificate. Mr. Mintz. had a total of approximately 1606 hours of flight time, of which 843 hours were in the Gulfstream...

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