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KACK v. UNITED STATES

No. 77-1563.

570 F.2d 754 (1978)

Ronald David KACK, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided February 15, 1978.

Attorney(s) appearing for the Case

Ronald J. Mullin, San Francisco, Cal. (argued), Michael J. Kutsko and Patrick T. Hall, San Francisco, Cal., Joe E. Thompson, Willmar, Minn., on brief, for appellant.

Donald F. Paar, Asst. U. S. Atty. (argued), Andrew E. Danielson, U. S. Atty., Minneapolis, Minn., and Kenneth N. Weinstein, Litigation Div., Federal Aviation Admn., Washington, D. C., on brief, for appellee.

Before BRIGHT and STEPHENSON, Circuit Judges, and SCHATZ, District Judge.

BRIGHT, Circuit Judge.

Ronald David Kack, a student pilot, brought this action under the Federal Tort Claims Act, 28 U.S.C. §§ 2671 et seq. (1970), seeking damages against the United States for negligent conduct of the traffic controllers at the Rochester, Minnesota, airport. Kack alleged that the controllers, employees of the Federal Aviation Authority, (1) failed to provide him with adequate and timely notice of the existence of wake turbulence...

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