Oates v. United States

ORDER

JOHNSON, Chief Judge.

This is an action brought under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), 267 et seq., seeking damages for the destruction of a helicopter. The case is now submitted upon cross-motions for summary judgment, each made pursuant to Rule 56, Federal Rules of Civil Procedure, and a written stipulation of facts upon which said motions for summary judgment are based.

Plaintiff Binger was the owner of a Bell Helicopter, Model 47G-2A1, No. 73980, which he leased to plaintiff Oates. Plaintiff Oates, in turn, leased *842the helicopter to Napier Air Service; Napier, in turn,…