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HARTZ v. UNITED STATES

Civ. A. Nos. 8139-8141.

249 F.Supp. 119 (1965)

Florence Wattles HARTZ v. UNITED STATES of America. Margaret Elwyn ROTH v. UNITED STATES of America. GLOBE INDEMNITY COMPANY v. UNITED STATES of America.

United States District Court N. D. Georgia, Atlanta Division.

December 29, 1965.

Attorney(s) appearing for the Case

Smith, Swift, Currie, McGhee & Hancock, Atlanta, Ga., Martin, Tate & Morrow, Memphis, Tenn., for plaintiff Hartz.

Smith, Swift, Currie, McGhee & Hancock, Atlanta, Ga., Prewitt & Bullard, Vicksburg, Miss., for plaintiff Roth.

Smith, Swift, Currie, McGhee & Hancock, Atlanta, Ga., for plaintiff Globe Indemnity Co.

Charles L. Goodson, U. S. Atty., Atlanta, Ga., Philip Silverman and Wallace E. Maloney, Civil Division, Dept. of Justice, Washington, D. C., for defendant United States.

MORGAN, Chief Judge.

These were actions brought under the Federal Tort Claims Act, 28 U.S.C., Section 1346(b), to recover damages for the deaths of William B. Hartz and Harold S. Roth, and for property damage to the Bonanza airplane, in which both were occupants, which occurred when it crashed on take-off. These three actions were consolidated for trial and heard before this Court without a jury.

At approximately 7:00 P.M. on Friday, November 10, 1961, a Beech...

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