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BUDDEN v. U.S.

No. 90-2354.

963 F.2d 188 (1992)

Joan BUDDEN and Wilma Lewis, Personal Representatives of the Estate of Craig Budden, deceased; Ronald Rodgers, d/b/a Rodgers Helicopter Service; Associate Aviation Underwriters, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 30, 1992.

Attorney(s) appearing for the Case

C.L. Robinson, Omaha, Neb., argued, for appellants.

Thomas K. Pfister, Dept. of Justice, Washington, D.C., argued (Sally R. Johnson, Asst. U.S. Atty., Lincoln, Neb., Stuart M. Gerson, Asst. Atty. Gen., Washington, D.C., on brief), for appellee.

Before JOHN R. GIBSON, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and WOLLMAN, Circuit Judge.

WOLLMAN, Circuit Judge.

This is an appeal from the district court's judgment in favor of the United States in this Federal Tort Claims Act action, 748 F.Supp. 1374. We vacate the judgment and remand for further proceedings.

In December of 1985, Rodgers Helicopter of Kearney, Nebraska, owned a Bell Long-Ranger helicopter N110LG, which it had contracted in the service of Good Samaritan Hospital of Kearney, doing business...

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