Legal Opinion

Larry Dean Pearl and Denise Pearl, Both Minors, by Frances Laverne Pearl, Their Mother and Next Friend v. United States

Court of Appeals for the Tenth Circuit

Decided February 8, 1956No. 19-4030PublishedCited by 20 opinions

1Opinion of the Court

MELLOTT, District Judge.

In a complaint filed on behalf of minor children, recovery of damages for the death of their father was sought under the Tort Claims Act. 1 Motion to dismiss on the ground that the complaint fails to state a claim upon which relief can be granted was sustained and this appeal followed.

The complaint alleges that the father, on July 27, 1954, was riding as a passenger on an official indoctrination flight of the Civil Air Patrol in a Civil Air Patrol Piper 14J aircraft, on loan from the Air Force, piloted by “a member of the Civil Air Patrol, and a licensed pilot, and an…

2Cases cited5 opinions

  1. United States v. Holly (Two Cases). United States v. SaundersCourt of Appeals for the Tenth Circuit · 1951
  2. King v. United StatesCourt of Appeals for the Fifth Circuit · 1950
  3. O'TOOle v. United StatesCourt of Appeals for the Third Circuit · 1953
  4. Williams v. United StatesCourt of Appeals for the Tenth Circuit · 1951
  5. Alexander v. Civil Air PatrolDistrict Court, E.D. North Carolina · 1955

3Cited by20 opinions

  1. Expeditions Unlimited Aquatic Enterprises, Inc., a Corporation, Norman Scott v. Smithsonian InstitutionCourt of Appeals for the D.C. Circuit · 1977
  2. Williams v. Washington Metropolitan Area Transit CommissionCourt of Appeals for the D.C. Circuit · 1968
  3. Freeling v. Federal Deposit Insurance CorporationDistrict Court, W.D. Oklahoma · 1962
  4. John L. Lewis v. United StatesCourt of Appeals for the Ninth Circuit · 1982
  5. Mendrala v. Crown Mortgage Co.Court of Appeals for the Seventh Circuit · 1992

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