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BLACK HILLS AVIATION, INC. v. U.S.

No. 92-2290.

34 F.3d 968 (1994)

BLACK HILLS AVIATION, INC., a New Mexico Corporation, Arnold A. Kolb & Florence A. Kolb, individually, and Florence A. Kolb, Personal Representative of the Estate of Nathan H. Kolb, deceased, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 6, 1994.

Attorney(s) appearing for the Case

H. Vern Payne of the Payne Law Firm, Albuquerque, NM (David B. Hartvigsen, Harold A. Ranquist, and J. Craig Smith of Nielsen & Senior, Salt Lake City, UT, with him on the briefs), for appellants.

Thomas K. Pfister, U.S. Dept. of Justice, Washington, DC (Acting Asst. Atty. Gen. Stuart E. Schiffer, U.S. Attys. Don J. Svet, Ronald F. Ross, and Ford C. Ladd, U.S. Dept. of Justice, with him on the briefs), for appellee.

Before MOORE and KELLY, Circuit Judges, and VAN BEBBER, District Judge.

VAN BEBBER, District Judge.

This case arises out of the September 10, 1987, crash of a civilian aircraft on the White Sands Missile Base in White Sands, New Mexico. An aircraft generally referred to as Tanker 07, owned by Black Hills Aviation, crashed while performing a contract air fire suppression support mission on the White Sands Base. Pilot Nathan Kolb and co-pilot Woodard Miller were killed instantly, and the plane was destroyed. The plane crashed into a mountain...

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