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STATE OF MARYLAND v. UNITED STATES

Civ. A. Nos. 17503, 17541.

200 F.Supp. 475 (1961)

STATE OF MARYLAND for the Use of Nadine Y. LEVIN, individually and as next friend, mother and guardian, et al., Plaintiffs, v. UNITED STATES of America, Defendant. STATE OF MARYLAND for the Use of Sydney L. JOHNS and Kennedy Smith, as Executor of the Estate of Ruth Johns, Deceased, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court W. D. Pennsylvania.

December 20, 1961.

Attorney(s) appearing for the Case

Theodore E. Wolcott, New York City, William Friedman and Kennedy Smith, Pittsburgh, Pa., for plaintiffs.

Joseph S. Ammerman, U. S. Atty., Pittsburgh, Pa., Enoch E. Ellison, Sp. Litigation Counsel, Alice K. Helm, Dept. of Justice, Washington, D. C., for United States.

GOURLEY, Chief Judge.

In this non-jury proceeding under the Federal Tort Claims Act based upon two death actions arising from a mid-air collision between a Capital commercial airliner and a T-33 jet plane owned by the United States of America, the court is confronted with three issues requiring determination:

1. Was Captain Julius R. McCoy, pilot of the T-33 jet plane, an employee of the United States acting in the scope of his employment within the purview...

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