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INDEMNITY INS. CO. OF NO. AMERICA v. PAN AMERICAN AIRWAYS

58 F.Supp. 338 (1944)

INDEMNITY INS. CO. OF NORTH AMERICA v. PAN AMERICAN AIRWAYS, Inc., et al.

District Court, S. D. New York.

December 22, 1944.

Attorney(s) appearing for the Case

George A. Garvey, of New York City, for plaintiff.

Haight, Griffin, Deming & Gardner, of New York City (Donald Havens and David L. Corbin, both of New York City, of counsel), for defendant Pan American.

Socolow & Pepper, of New York City, for defendant Erwin D. Swann.

RIFKIND, District Judge.

Plaintiff's motion, addressed to the answer of defendant Pan American Airways, Inc., is cast in a variety of forms1 but in substance the object of the motion is to challenge three affirmative defenses on the ground that they fail to state legal defenses to the claims asserted in the complaint. Rule 12(h).

The complaint arises out of the crash of the aircraft, Yankee Clipper, in the barbor of Lisbon, Portugal...

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