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PEARSON v. NORTHEAST AIRLINES, INC.

No. 297, Docket 27350.

309 F.2d 553 (1962)

Marilyn W. PEARSON, as Administratrix of the Goods, Chattels and Credits of John S. Pearson, Deceased, Plaintiff-Appellee, v. NORTHEAST AIRLINES, INC., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decision July 11, 1962.

Rehearing Ordered September 13, 1962.

Rehearing Decided November 8, 1962.

Attorney(s) appearing for the Case

Haight, Gardner, Poor & Havens, New York City (William J. Junkerman and Douglas B. Bowring, New York City, of counsel) for defendant-appellant.

Frank G. Sterritte, and Speiser, Shumate, Geoghan & Law, New York City (Stuart M. Speiser and Florindo M. DeRosa, New York City, of counsel) for plaintiff-appellee.

Before LUMBARD, Chief Judge, and CLARK, WATERMAN, MOORE, FRIENDLY, SMITH, KAUFMAN, HAYS and MARSHALL, Circuit Judges.

Argued before the Panel April 11, 1962.

Panel Decision July 11, 1962.

Rehearing en Banc Ordered September 13, 1962.

Rehearing en Banc Decided November 8, 1962.

KAUFMAN, Circuit Judge, with whom CLARK, WATERMAN, SMITH, HAYS and MARSHALL, Circuit Judges, concur.

The principal question considered by this Court en banc is whether a federal court sitting in the state of New York may constitutionally "apply" a Massachusetts statute...

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