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BARUCH v. BEECH AIRCRAFT CORPORATION

No. 3765.

175 F.2d 1 (1949)

BARUCH v. BEECH AIRCRAFT CORPORATION.

United States Court of Appeals Tenth Circuit.

Rehearing Denied August 2, 1949.

Attorney(s) appearing for the Case

Wayne Coulson and Paul R. Kitch, Wichita, Kan. (Howard T. Fleeson, Homer V. Gooing, Dale M. Stucky, and Donald R. Newkirk, Wichita, Kan., on the brief), for appellant.

W. E. Stanley, Wichita, Kan. (Claude I. Depew, Lawrence Weigand, William C. Hook, and Lawrence E. Curfman, Wichita, Kan., on the brief), for appellee.

Before PHILLIPS, Chief Judge, and HUXMAN and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

The appellant, Belle W. Baruch, brought this suit in tort against appellee, Beech Aircraft Corporation, to recover the value of an airplane sold by Beech to her, and delivered to her agent and pilot, who crashed and destroyed it while taking it off Beech's private airport. The suit is based upon the premise that the pilot and agent breached his employment contract by attempting to fly the plane while...

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