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SPURGIN-DIENST v. U.S.

No. 03-1071, 03-1080.

359 F.3d 451 (2004)

Kristy SPURGIN-DIENST, Executor of the Estate of Terry A. Spurgin, Deceased, and Linda J. Bauer, as Executor of the Estate of John H. Bauer, Deceased, and as Executor of the Estate of William H. Bauer III, Deceased, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 20, 2004.

Attorney(s) appearing for the Case

Todd A. Smith (argued), Power, Rogers & Smith, Kevin P. Durkin, Clifford & Associates, Chicago, IL, for Plaintiff-Appellant.

Justin L. Chretien (argued), Dept. of Justice, Civ. Div., Torts Section, Washington, DC, for Defendant-Appellee.

Before BAUER, EASTERBROOK, and EVANS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

With mechanical error ruled out, the issue in this case, tried to the court under the Federal Tort Claims Act (FTCA), was whether pilot error or ground error caused a single-engine Beechcraft Bonanza airplane to crash in an Indiana field killing all four persons aboard. The estates of the three deceased passengers brought the case alleging ground error: negligence by the United States through the Federal Aviation Administration (FAA...

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