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McGURTY v. TRANSCONTINENTAL & WESTERN AIR

No. 9350.

167 F.2d 406 (1948)

McGURTY v. TRANSCONTINENTAL & WESTERN AIR, Inc.

Circuit Court of Appeals, Seventh Circuit.

April 16, 1948.

Attorney(s) appearing for the Case

A. R. Peterson, Owen Rall and Walter W. Ross, Jr., all of Chicago, Ill. (Walter P. Steffen and Eckert & Peterson, both of Chicago, Ill., of counsel), for appellant.

Donald N. Clausen, Herbert W. Hirsh, Norman A. Miller and John P. Gorman, all of Chicago, Ill., for appellee.

Before SPARKS, MAJOR and MINTON, Circuit Judges.

SPARKS, Circuit Judge.

Plaintiff sued defendant for damages alleged to have been sustained by him while a passenger for hire on defendant's airplane on October 25, 1944. The complaint was first filed in an Illinois State court, and on motion of defendant, the cause was removed to the District Court of the United States for the Northern District of Illinois. The complaint alleges that plaintiff was without fault contributing to such injuries, and that they were proximately...

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