United States v. Florene I. Miller, and Catherine M. Smith, Executrices of the Estate of Mark Peter Miller, Deceased, United States of America v. Terminal Flour Mills Company

303 F.2d 703 UNITED STATES of America, Appellant, v. Florene I. MILLER, and Catherine M. Smith, Executrices of the Estate of Mark Peter Miller, Deceased, Appellees. UNITED STATES of America, Appellant, v. TERMINAL FLOUR MILLS COMPANY, Appellee. No. 17008. No. 17009. United States Court of Appeals Ninth Circuit. May 14, 1962. Rehearing Denied June 15, 1962. William H. Orrick, Jr., Asst. Atty. Gen., C. E. Luckey, U. S. Atty., Morton Hollander, Howard E. Shapiro, Robert E. Powell, Attorneys, Dept. of Justice, Washington, D. C., for appellant. R. R. Bullivant, Darrell L. Johnson, Walter H. Pendergrass, Patrick Ford, Portland, Or., for appellee. Before BARNES, HAMLEY and MERRILL, Circuit Judges. HAMLEY, Circuit Judge. 1 These two suits brought against the United States under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346 (b), 2671 et seq., arose as a result of the mid-air collision of two privately-owned light aircraft near Boeing Field, Seattle. The plaintiffs in one suit are executrices of the estate of Mark Peter Miller, pilot of one of the aircraft, who was killed in the accident. The plaintiff in the other suit is Terminal Flour Mills Company which owned the aircraft…