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MORRISON v. LE TOURNEAU CO. OF GEORGIA

No. 10587.

138 F.2d 339 (1943)

MORRISON v. LE TOURNEAU CO. OF GEORGIA et al. LE TOURNEAU CO. OF GEORGIA et al. v. MORRISON.

Circuit Court of Appeals, Fifth Circuit.

October 27, 1943.

Attorney(s) appearing for the Case

Alex W. Smith and Croom Partridge, both of Atlanta, Ga., and Walter P. Armstrong, of Memphis, Tenn., for appellant and cross-appellee.

A. C. Wheeler, of Gainesville, Ga., and Clifton W. Brannon and C. M. McClure, both of Toccoa, Ga., for appellees and cross-appellant.

Before SIBLEY, HOLMES, and WALLER, Circuit Judges.

WALLER, Circuit Judge.

Out of the fog, mists, and clouds that enshrouded Beaverdam Mountain on the morning of August 19, 1940, a little two-place, dual-controlled cub plane plunged to earth. In its wreckage were the lifeless and mangled bodies of two young men. One, Alton Vance Morrison, was the plaintiff's intestate. The other, Don Phillip LeTourneau, was the pilot of the plane.

Beaverdam Mountain is in the Sandy Mush Gap settlement in North Carolina, near...

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