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ALLEN v. UNITED STATES

Nos. 70 C 440(3), 70 C 629(3).

370 F.Supp. 992 (1973)

Frances Ann ALLEN, Individually and as next friend of Jess Cole Allen et al. v. UNITED STATES of America, Third Party Plaintiff and Defendant, v. OZARK AIRLINES, INC., Third Party Defendant. Rosemary WILLIAMS, Individually, et al. v. UNITED STATES of America, Defendant and Third Party Plaintiff, v. OZARK AIRLINES, INC.

United States District Court, E. D. Missouri, E. D.

December 12, 1973.

Attorney(s) appearing for the Case

Gray & Friedman, St. Louis, Mo., for plaintiffs in No. 70C440(3).

Aubuchon & Walsh, St. Louis, Mo., for plaintiffs in No. 70C629(3).

Daniel Bartlett, Jr., U. S. Atty., Moser, Marsalek, Carpenter, Cleary, Jaeckel, Keaney & Brown, St. Louis, Mo., for Ozark Airlines.

MEMORANDUM

WANGELIN, District Judge.

These actions are before the Court for a decision on the merits following the consolidated trial to the Court sitting without a jury on September 5, 6. 7, 8, 11 and 12, 1972.

Plaintiffs, the surviving spouses and minor children of Bobby Lee Allen and John Brooks, brought their wrongful death actions against the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671 et seq., alleging...

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