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UPTEGROVE v. UNITED STATES

No. 77-1723.

600 F.2d 1248 (1979)

Arletta UPTEGROVE, Lori Ann Uptegrove and Richard Wayne Uptegrove, minors, by their guardian ad litem, Arletta Uptegrove; and Arletta Uptegrove, Executrix of the Estate of Edwin Wayne Uptegrove, Plaintiffs and Appellants, v. UNITED STATES of America, Allan L. Cunningham, Alan D. Worrell; William M. Hawkes, Defendants and Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 6, 1979.

Attorney(s) appearing for the Case

Marshall L. Foreman, Jr., Luce, Forward, Hamilton & Scripps, Donald L. Salem, San Diego, Cal., for plaintiffs and appellants.

Michael E. Quinton, Asst. U. S. Atty., San Diego, Cal., for defendants and appellees.

Before CHAMBERS and HUG, Circuit Judges, and KELLEHER, District Judge.

HUG, Circuit Judge:

The appellant, Arletta Uptegrove, individually and as guardian ad litem for her two minor children, appellants Lori and Richard Uptegrove, brought this action under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680, against the United States and individually against Allan Cunningham, Alan Worrell and William Hawkes, FAA air traffic controllers, for the death of her husband and their...

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