richards
argued
november
decided
february
petitioners
personal
representatives
passengers
killed
commercial
airplane
crashed
missouri
en
route
oklahoma
new
york
maximum
amount
recoverable
missouri
wrongful
death
act
either
paid
tendered
airline
sued
federal
district
oklahoma
recover
federal
tort
claims
act
additional
amounts
claimed
due
oklahoma
wrongful
death
act
contains
limitation
amount
single
person
may
recover
tortfeasor
claimed
government
federal
aviation
agency
negligently
failed
enforce
terms
civil
aeronautics
act
regulations
thereunder
prohibited
practices
used
airline
overhaul
depot
oklahoma
district
dismissed
complaint
appeals
affirmed
held
judgment
affirmed
pp
tort
claims
act
congress
enacted
rule
requires
federal
courts
multistate
tort
actions
look
first
instance
law
state
acts
negligence
took
place
pp
reading
statute
whole
due
regard
purpose
requires
application
whole
law
state
act
omission
occurred
including
rules
pp
federal
district
oklahoma
appeals
tenth
circuit
interpreted
pertinent
oklahoma
decisions
declaring
action
wrongful
death
based
statute
place
injury
occurred
caused
death
determination
question
state
law
accepted
controlling
missouri
statute
therefore
controls
case
petitioners
failed
state
claims
upon
relief
granted
pp
truman
rucker
argued
cause
petitioners
briefs
edward
richard
medalie
argued
cause
brief
solicitor
general
cox
assistant
attorney
general
orrick
alan
rosenthal
sherman
cohn
patterson
argued
cause
american
airlines
respondent
briefs
fred
mock
chief
justice
warren
delivered
opinion
question
decided
case
law
federal
district
apply
action
brought
federal
tort
claims
act
act
negligence
occurs
one
state
results
injury
death
another
state
basic
provision
tort
claims
act
government
shall
liable
tortious
conduct
committed
employees
acting
within
scope
employment
circumstances
private
person
liable
claimant
accordance
law
place
act
omission
occurred
parties
urge
alternatives
selecting
law
determine
liability
statute
internal
law
place
negligence
occurred
whole
law
including
rules
place
negligence
occurred
internal
law
place
operative
effect
negligence
took
place
although
particular
facts
case
relatively
unimportant
deciding
question
us
brief
recitation
necessary
set
context
decision
petitioners
personal
representatives
passengers
killed
airplane
owned
respondent
american
airlines
crashed
missouri
en
route
tulsa
oklahoma
new
york
city
suit
brought
petitioners
federal
district
northern
district
oklahoma
theory
government
federal
aviation
agency
negligently
failed
enforce
terms
civil
aeronautics
act
regulations
thereunder
prohibited
practices
used
american
airlines
overhaul
depot
tulsa
oklahoma
petitioners
case
either
already
received
settlement
airlines
maximum
amount
recoverable
missouri
wrongful
death
act
tendered
amount
sought
additional
amounts
oklahoma
wrongful
death
act
contains
limitation
amount
single
person
may
recover
tortfeasor
government
filed
complaint
american
airlines
seeking
reimbursement
amount
petitioners
might
recover
pretrial
hearing
district
ruled
complaints
failed
state
claims
upon
relief
granted
oklahoma
act
since
statute
applied
extraterritorially
act
omission
occurring
oklahoma
results
injury
death
state
missouri
alternatively
noted
oklahoma
law
applicable
federal
tort
claims
act
general
law
oklahoma
including
conflicts
law
rule
applicable
thereunder
thus
precluding
recovery
since
oklahoma
conflicts
rule
refer
law
missouri
place
negligence
operative
effect
dismissing
petitioners
complaints
found
unnecessary
pass
upon
complaint
asserted
government
american
appeal
appeals
tenth
circuit
affirmed
judgment
divided
vote
majority
agreeing
lower
complaints
failed
state
cause
action
upon
relief
based
either
oklahoma
missouri
wrongful
death
act
dissent
chief
judge
believing
congress
intended
internal
law
place
act
omission
occurred
control
rights
liabilities
parties
stated
thought
error
apply
oklahoma
rule
remanded
case
determination
liability
oklahoma
act
question
confronting
us
important
one
recurring
nature
made
apparent
conflicting
views
expressed
solution
lower
federal
courts
five
circuits
arisen
resolution
question
reached
adoption
one
another
alternatives
urged
upon
us
parties
suit
petitioners
contention
reference
section
place
act
omission
occurred
directs
application
internal
law
state
oklahoma
supported
seventh
circuit
decision
voytas
district
columbia
circuit
eastern
air
lines
union
trust
app
well
dissenting
judge
tenth
circuit
instant
case
government
interpretation
act
order
also
give
effect
section
providing
shall
liable
manner
private
individual
must
refer
whole
law
state
act
omission
occurred
adhered
second
circuit
landon
well
tenth
circuit
case
bar
american
airlines
although
willing
abide
interpretation
advanced
government
suggests
alternative
internal
law
place
negligence
operative
effect
missouri
control
construction
act
supported
ninth
circuit
decision
marshall
dissenting
opinion
union
trust
case
supra
resolve
threefold
conflict
enunciate
rule
applied
uniformly
tort
claims
act
cases
granted
certiorari
principal
provision
federal
tort
claims
act
originally
enacted
title
iv
legislative
reorganization
act
section
reading
pertinent
part
district
courts
shall
exclusive
jurisdiction
civil
actions
claims
money
damages
injury
loss
property
personal
injury
death
caused
negligent
wrongful
act
omission
employee
government
acting
within
scope
office
employment
circumstances
private
person
liable
claimant
accordance
law
place
act
omission
occurred
shall
liable
respecting
tort
claims
manner
extent
private
individual
like
circumstances
shall
liable
interest
prior
judgment
punitive
damages
ii
legislative
history
act
although
generally
extensive
except
negative
way
helpful
solving
problem
law
applied
tort
action
presented
facts
case
repeatedly
observed
congress
consider
problems
long
period
legislation
prepared
enactment
concern
congress
illustrated
legislative
history
problem
person
injured
employee
operating
government
vehicle
otherwise
acting
within
scope
employment
situations
rarely
involving
question
instances
negligence
injury
normally
occur
simultaneously
single
jurisdiction
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applied
clear
solution
meaning
words
law
place
act
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occurred
required
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faced
events
touching
one
place
problem
congress
apparently
explicitly
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claims
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purpose
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words
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believe
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congress
used
command
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place
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tort
claims
act
thus
first
reject
alternative
urged
american
airlines
legislative
materials
cited
us
american
lack
probative
force
judicial
sense
completely
unpersuasive
support
argument
congress
intended
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act
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place
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urged
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process
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courts
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regard
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interests
policies
expressed
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claims
act
legislation
believe
fundamental
section
statute
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isolation
context
whole
act
fulfilling
responsibility
interpreting
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first
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courts
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degree
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petitioners
american
recently
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state
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litigation
see
compelling
reason
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act
interpretation
prevent
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courts
implementing
policy
rules
state
negligence
occurred
adopted
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rejection
older
rule
situations
application
might
appear
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absence
persuasive
evidence
contrary
believe
congress
intended
adopt
inflexible
rule
urged
upon
us
petitioners
despite
power
congress
enact
litigation
type
federal
rule
independent
development
rules
particularly
type
interstitial
legislation
involved
assume
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persuaded
require
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rule
petitioners
argument
instances
specifically
set
forth
act
liability
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person
state
law
seems
sufficient
note
congress
specific
instances
intended
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courts
depart
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state
law
also
list
exceptions
contains
direct
indirect
modification
principles
controlling
application
rules
certainly
nothing
legislative
history
even
remotely
supports
argument
congress
intend
state
conflict
rules
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multistate
tort
actions
brought
government
interpretation
act
find
unnecessary
judge
effect
oklahoma
courts
pronouncements
oklahoma
wrongful
death
act
given
extraterritorial
effect
iv
view
state
power
adopt
appropriate
doctrine
situation
touching
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place
indicated
discussion
part
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state
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substantial
contact
activity
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forum
state
analysis
interests
possessed
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decision
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law
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another
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interest
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activity
thus
oklahoma
state
free
apply
either
law
law
place
negligence
occurred
law
missouri
law
place
injury
occurred
action
brought
courts
involving
factual
situation
federal
district
sitting
oklahoma
appeals
tenth
circuit
interpreted
pertinent
oklahoma
decisions
held
controlling
declare
action
wrongful
death
based
statute
place
injury
occurred
caused
death
therefore
missouri
statute
controls
case
bar
conceded
petitioner
received
maximum
amount
recoverable
missouri
act
petitioners
thus
received
full
compensation
claims
accordingly
courts
correct
holding
accordance
oklahoma
law
petitioners
failed
state
claims
upon
relief
granted
judgment
affirmed
footnotes
stat
administrator
federal
aviation
agency
charged
responsibility
enforcing
rules
regulations
controlling
inspection
maintenance
overhaul
repair
equipment
used
air
transportation
mo
rev
subsequent
origination
actions
missouri
code
amended
provide
maximum
damages
mo
rev
okla
tit
opinion
district
reported
gochenour
francisco
stat
see
feres
detailed
analysis
purposes
federal
tort
claims
act
context
legislative
history
soriano
sherwood
klaxon
stentor
electric
mfg
see
vanston
bondholders
protective
committee
green
mckenzie
irving
trust
duhme
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deposit
ins
see
holmberg
armbrecht
clearfield
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royal
indemnity
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discussion
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house
committee
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exactly
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grant
mcauliffe
cal
schmidt
driscoll
hotel
haumschild
continental
casualty
see
currie
survival
actions
adjudication
versus
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conflict
laws
stan
rev
cf
vrooman
beech
aircraft
levy
daniels
auto
renting
caldwell
gore
la
burkett
globe
indemnity
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cases
cited
note
supra
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justice
black
vanston
bondholders
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stated
context
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claimant
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rule
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individuals
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material
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act
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committee
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local
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law
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committee
judiciary
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hearings
subcommittee
senate
committee
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locale
injury
damage
hearings
house
committee
judiciary
sess
gochenour
francisco
see
fenton
sinclair
refining
supra
pp
cases
cited
see
also
carroll
lanza
watson
employers
liability
pacific
employers
ins
industrial
accident
cf
hartford
accident
indemnity
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pine
land
home
insurance
dick
see
cases
cited
note
supra
alabama
carroll
otey
midland
valley
connecticut
valley
lumber
maine
central
el
paso
mccomus
tex
civ
app
holding
law
place
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controls
schmidt
driscoll
hotel
holding
law
place
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controls
see
also
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derby
foods
rev
gochenour
francisco
miller
tennis
see
fenton
sinclair
refining
aware
oklahoma
cases
cited
note
supra
injury
negligence
occurred
sister
state
two
courts
relied
largely
dictum
cases
conclude
oklahoma
follow
general
rule
law
place
injury
control
even
negligence
caused
injury
taken
place
oklahoma
petitioners
contend
erroneous
interpretation
state
law
ordinarily
accept
determinations
courts
appeals
questions
state
law
circumstances
presented
general
box
estate
spiegel
commissioner
huddleston
dwyer