285 F.2d 521 (10th Cir. 1960), 6378, Richards v. United States

Docket Nº:6378-6391.
Citation:285 F.2d 521
Party Name:Suzanne Thomas RICHARDS, nee Wadlow, individually and for the use and benefit of Debra Sue Richards, Appellant, v. UNITED STATES of America, and American Airlines, Inc., Appellees. Harvey BARUCK, Administrator of the Estate of Robert I. Zelens, Deceased, Appellant, v. UNITED STATES of America, and American Airlines, Inc., Appellees. Clarine FAROUGH
Case Date:November 25, 1960
Court:United States Courts of Appeals, Court of Appeals for the Tenth Circuit
 
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Page 521

285 F.2d 521 (10th Cir. 1960)

Suzanne Thomas RICHARDS, nee Wadlow, individually and for the use and benefit of Debra Sue Richards, Appellant,

v.

UNITED STATES of America, and American Airlines, Inc., Appellees.

Harvey BARUCK, Administrator of the Estate of Robert I. Zelens, Deceased, Appellant,

v.

UNITED STATES of America, and American Airlines, Inc., Appellees.

Clarine FAROUGH, individually, and for the use and benefit of John Allen Farough and Mary Kay Farough, minors, Appellant,

v.

UNITED STATES of America, and American Airlines, Inc., Appellees.

Bernice L. MAUPIN, individually, and for the use and benefit of Marie Elleene Maupin, a minor, Appellant,

v.

UNITED STATES of America, and American Airlines, Inc., Appellees.

Margaret J. HOWE, Appellant,

v.

UNITED STATES of America, and American Airlines, Inc., Appellees.

Elizabeth R. CROSS, Executrix of the Estate of John Leland Cross, Jr., Deceased, Appellant,

v.

UNITED STATES of America, and American Airlines, Inc., Appellees.

Therese B. AKIN, Executrix of the Estate of Morris W. Akin, Deceased, Appellant,

v.

UNITED STATES of America, and American Airlines, Inc., Appellees.

Althea S. GATES, nee Bergtholdt, individually, and for the use and benefit of William Randall Gates, a minor, Appellant,

v.

UNITED STATES of America, and American Airlines, Inc., Appellees.

Ruth Jean CARR-HARRIS, Administratrix of the Estate of Donald Dale Carr-Harris, Deceased, Appellant,

v.

UNITED STATES of America, and American Airlines, Inc., Appellees.

Anna Mae O'NEAL, surviving widow of William E. O'Neal, Deceased, Appellant,

v.

UNITED STATES of America, and American Airlines, Inc., Appellees.

Margaret Emma BARRON, individually, and for the use and benefit of Charles Donovan Barron and William Brooks Barron, minors, Appellant,

v.

UNITED STATES of America, and American Airlines, Inc., Appellees.

Myra FIELDS, Administratrix of the Estate of Harold M. Fields, Deceased, Appellant,

v.

UNITED STATES of America, and American Airlines, Inc., Appellees.

Virginia HOBSON, individually and for the use and benefit of John Hobson, David Hobson, Steven Hobson, Sammy Hobson, and Timothy Hobson, minors, Appellant,

v.

UNITED STATES of America, and American Airlines, Inc., Appellees.

Josephine M. SCHMYSER, Administratrix of the Estate of Herman F. Schmyser, Deceased, Appellant,

v.

UNITED STATES of America, and American Airlines, Inc., Appellees.

Nos. 6378-6391.

United States Court of Appeals, Tenth Circuit.

November 25, 1960

satisfaction for the wrongful deaths, and causes of action for such deaths became extinguished and recovery against the tort-feasor or tort-feasors was barred, even though acts complained of occurred in Oklahoma.

Page 522

Joseph A. Sharp, Tulsa, Okl. (Speiser, Quinn & O'Brien, Edward M. O'Brien, New York City, Rucker, Tabor, Best, Sharp & Shepherd, Truman B. Rucker and O.H. 'Pat' O'Neal, Tulsa, Okl., were with him on the brief), for appellants.

Sherman L. Cohn, Atty., Dept. of Justice, Washington, D.C. (George Cochran Doub, Asst. Atty. Gen., B. Hayden Crawford, U.S. Atty., Tulsa, Okl., and Morton Hollander, Atty., Dept. of Justice, Washington, D.C., were with him on the brief), for appellee United States.

Fred M. Mock, Oklahoma City, Okl. (W. B. Patterson, Dallas, Tex., and Meivin

Page 523

F. Pierce, Oklahoma City, Okl., were with him on the brief), for appellee American Airlines, Inc.

Before MURRAH, Chief Judge, and BRATTON and PICKETT, Circuit Judges.

BRATTON, Circuit Judge.

A passenger airplane owned and operated by American Airlines on a regularly scheduled flight crashed in Missouri and everyone on board was killed. Invoking pertinent provisions of the Federal Tort Claims Act, 28 U.S.C. §§ 1346, 1402, and the so-called Wrongful Death Statutes of Oklahoma, O.S.1951, Title 12, chapter 17, § 1051 et seq., survivors or legal representatives of passengers who lost heir lives instituted in the United States Court for Northern Oklahoma fourteen separate actions against the United States for the recovery of damages. The basis of the claim pleaded in each case was negligence on the part of the United States, acting through the Civil Aeronautics personnel, in permitting American Airlines to employ and use unsafe practices and procedures at its overhaul depot at Tulsa, Oklahoma, in repairing, rebuilding, overhauling, and inspecting its aircraft, aircraft engines, and component parts. More specifically, it was pleaded that as the result of such negligence, an unfit and unsafe cylinder was placed in one of the engines of the airplane at the overhaul depot; that the cylinder failed; and that such failure caused the crash. The United States denied negligence; denied liability; pleaded that the accident was an unavoidable casualty; pleaded that the...

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