Legal Opinion

Stork v. United States

Court of Appeals for the Ninth Circuit

Decided July 28, 1970No. Nos. 23001, 23460, 23461, 23468, 23469PublishedCited by 18 opinions

1Opinion of the Court

MERRILL, Circuit Judge:

Plaintiffs-appellees secured judgment against the United States under the Federal Tort Claims Act for damages for injuries resulting from an airplane crash at the Toledo (Ohio) Express Airport on October 29, I960.1 This appeal by the United States concerns solely the issue of liability of the United States.2 The dispute focuses on what duty, if any, rested upon control tower personnel (as agents of the Federal Aviation Administration) to forbid or warn against the fatal take-off.

The facts are given in detail in the opinion of the District Court, 278 F. *1106Supp. 869,…

2Cases cited2 opinions

  1. United States of America and Baker Aircraft Sales v. Betty K. Furumizo, Betty K. Furumizo v. United States of America and Baker Aircraft SalesCourt of Appeals for the Ninth Circuit · 1967
  2. Stork v. United StatesDistrict Court, S.D. California · 1967

3Cited by18 opinions

  1. Vera Zabala Clemente v. United StatesCourt of Appeals for the First Circuit · 1978
  2. Joan M. Spaulding v. United States of AmericaCourt of Appeals for the Ninth Circuit · 1972
  3. Ramona Freeman, Etc. v. United StatesCourt of Appeals for the Sixth Circuit · 1975
  4. Himmler v. United StatesDistrict Court, E.D. Pennsylvania · 1979
  5. Gabel v. Hughes Air Corp.District Court, C.D. California · 1972

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