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J.C. PENNEY LIFE INS. CO. v. PILOSI

No. 02-4204, 02-4298.

393 F.3d 356 (2004)

J.C. PENNEY LIFE INSURANCE COMPANY, Appellant, v. Christian J. PILOSI; James C. Pilosi, Appellants.

United States Court of Appeals, Third Circuit.

Filed December 28, 2004.

Attorney(s) appearing for the Case

James D. Crawford (Argued), Schnader, Harrison, Segal & Lewis, Philadelphia, PA, Brian J. Cali, Dunmore, PA, Daniel T. Brier, Donna A. Walsh, Myers, Brier & Kelly, Scranton, PA, for Christian J. Pilosi, James C. Pilosi.

Arthur F. Fergenson (Argued), Piper Rudnick, Baltimore, MD, Ronald P. Schiller, Piper Rudnick, Philadelphia, PA, for J.C. Penney Life Ins. Co.

Before McKEE, ROSENN, and WEIS, Circuit Judges.

ROSENN, Circuit Judge.

This litigation has its genesis in an optimistic gambling junket to Atlantic City and a return flight that ended tragically in death. The ill-fated flight was part of a bi-weekly shuttle operated by Executive Airlines ("EA") on behalf of Caesars Casino ("Caesars"). Elaine Pilosi, a passenger on the junket, lost her life when the EA airplane in which she was traveling crashed. Mrs. Pilosi left two sons who were the beneficiaries of an accidental...

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