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INA AVIATION CORP. v. UNITED STATES

No. 75-C-1086.

468 F.Supp. 695 (1979)

INA AVIATION CORPORATION and Ina Marx, as the Executrix of the Estate of Eric Marx, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, E. D. New York.

April 1, 1979.

Attorney(s) appearing for the Case

Haight, Gardner, Poor & Havens, New York City, for plaintiffs; Robert B. Haserot, New York City, of counsel.

Edward R. Korman, U. S. Atty., E. D. N. Y., Brooklyn, N. Y., Federal Aviation Administration, Litigation Div., Washington, D. C., by Andrew J. Dilk, Jr., Washington, D. C., for defendant; Cyril Hyman, Asst. U. S. Atty., Brooklyn, N. Y., of counsel.

BARTELS, District Judge.

This is a motion pursuant to Fed.R.Civ.P. Rule 56 for summary judgment by defendant United States in an action under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), for personal injuries and property damage resulting from an airplane crash. The thrust of plaintiffs' complaint is that, applying either general negligence principles or the Missouri Humanitarian Doctrine, the crash was caused by the acts and omissions of defendant's employees...

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