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MELLOTT v. U.S.

No. CV-91-091-GF.

808 F.Supp. 746 (1992)

Sharon N. MELLOTT, as Personal Representative of the Estate of Thomas H. Mellott, individually and on Behalf of Locke Anthony Mellott, Echo Noele Mellott, Brittney Melenie Mellott, Mikaela Clarissa Mellott, Lake Dominic Mellott, and Domini Nicole Mellott, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. Montana, Great Falls Division.

October 14, 1992.

Attorney(s) appearing for the Case

James R. Walsh, Dennis P. Clarke, Smith, Walsh, Clarke & Gregoire, Great Falls, MT, for plaintiffs.

George Darragh, Jr., Great Falls, MT, Stuart M. Gerson, Asst. Atty. Gen., Mary Jo Moltzen, Trial Atty., Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, DC, for defendant.

HATFIELD, Chief Judge.

BACKGROUND

On June 20, 1989, an agricultural spray plane piloted by Thomas H. Mellott crashed after striking a guy wire anchoring a power pole on a power transmission line maintained by the Western Area Power Administration ("WAPA"), an agency of the United States of America. Plaintiff, Sharon Mellott, as the Personal Representative of the Estate of Thomas H. Mellott, and on behalf of the deceased's minor children, instituted the above...

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