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PIERCE v. UNITED STATES

No. 81-5015.

679 F.2d 617 (1982)

W. Hobart PIERCE, Individually and as Administrator of the Estate of Richard L. Pierce, Deceased, et al., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 27, 1982.

Attorney(s) appearing for the Case

Thomas C. Binkley, Nashville, Tenn., Donald W. Madole, Juanita M. Madole, Washington, D. C., Glover McGhee, Atlanta, Ga., Glenn T. York, Cedartown, Ga., for plaintiffs-appellants.

Kathlynn Fadley, Civ. Div., U. S. Dept. of Justice, Washington, D. C., Gary Allen, F.A.A., Washington, D. C., for defendant-appellee.

Before LIVELY and KEITH, Circuit Judges, and PECK, Senior Circuit Judge.

LIVELY, Circuit Judge.

These consolidated actions were brought under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671 (1976). The plaintiffs-appellants are the personal representatives of the pilot and passengers who were killed in the crash of a private airplane. Following a bench trial, the district court found that the plaintiffs had failed to carry their burden of proof and entered a judgment for the defendant in each of the actions.

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