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HAHN v. UNITED STATES

No. Civ. 78-4107.

535 F.Supp. 132 (1982)

Ruth HAHN, Special Administrator of the Estate of Barbara Ruth Hahn, Plaintiff, v. UNITED STATES of America and James Kostboth, Defendants.

United States District Court, D. South Dakota, S. D.

March 17, 1982.

Attorney(s) appearing for the Case

John N. Gridley, III, Sioux Falls, S. D., for plaintiff.

Philip N. Hogen, U. S. Atty., by John J. Ulrich, Asst. U. S. Atty., Sioux Falls, S. D., for defendant United States of America.

Gene E. Pruitt, Sioux Falls, S. D., for defendant James Kostboth.

MEMORANDUM OPINION

JONES, District Judge.

The court assumes jurisdiction of this wrongful death action under the Federal Tort Claims Act, 28 U.S.C. 1346(b), and 28 U.S.C. 2671, et seq.

Plaintiff is the special administratrix of the Estate of Barbara Ruth Hahn, who on October 17, 1975, was a passenger in the private plane piloted by James Kostboth. At approximately 12:30 a. m., Kostboth's plane struck an electrical cable on a power transmission line...

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