W. Hobart Pierce, Individually and as Administrator of the Estate of Richard L. Pierce, Deceased v. United States

LIVELY, Chief Judge.

This is the second appeal in this action brought pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 1346 and 2671 (1976). The plaintiffs-appellants are the personal representatives of the pilot and five passengers in a small airplane, all of whom died in the crash of the plane on April 11, 1976. The facts are set forth in this court’s earlier opinion. See Pierce v. United States, 679 F.2d 617 (6th Cir.1982).

I

In finding for the defendant following a seven-day trial the district court determined that the plaintiffs had failed to prove the actual cause of the crash and…