United States v. Shirley Haskin, Administratrix of the Estate of Charles D. Haskin, Deceased, and Transco Contracting Company, Inc., a Corporation

HICKEY, Circuit Judge.

The government appeals from a judgment entered by the United States District Court for the Western District of Oklahoma in an action brought under the Federal Tort Claims Act, 28 U.S.C. >§§ 1346(b), 2671 et seq. Plaintiff-appellee, Haskin, was awarded $49,300 on a wrongful death claim which was based on Colorado’s wrongful death statute, Colo.R.S. § 41-1-2 (1963), and $4,043.07 for hospital, medical and funeral expenses of Charles Haskin. Appellee Haskin is the administratrix of the deceased Charles Haskin’s estate. By a third party complaint the government sought…