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ROSS v. UNITED STATES

Civ. A. Nos. 5376, 5377.

365 F.Supp. 1138 (1972)

Joan S. ROSS, as Administratrix of the Estate of David N. Shefler, Deceased, Plaintiff, v. UNITED STATES of America, Defendant. Betty B. ROSEN, as Administratrix of the Estate of Robert L. Rosen, Deceased, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Vermont.

October 6, 1972.

Attorney(s) appearing for the Case

Coffrin, Pierson & Affolter, Burlington, Vt., for plaintiff Ross.

Wick, Dinse & Allen, Burlington, Vt., for plaintiff Rosen.

George W. F. Cook, U. S. Atty., Rutland, Vt., for defendant.

Findings, Conclusions and Order

HOLDEN, Chief Judge.

These two actions present common issues of fact and law brought pursuant to the Federal Tort Claims Act, 28 U.S. C. §§ 1346(b), 2671 et seq. The plaintiffs seek damages under the Vermont wrongful death act, 14 V.S.A. § 1492(b), alleging negligent and careless operation of a federal aviation facility, causing the crash of a private plane and contemporaneous death of its occupants....

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