BITUMINOUS TRUCKING & EQUIP. CO. v. DELTA AIR LINES

No. 10306.

189 F.2d 307 (1951)

BITUMINOUS TRUCKING & EQUIPMENT CO., Inc., for Use of LIBERTY MUT. INS. CO. v. DELTA AIR LINES, Inc.

United States Court of Appeals Seventh Circuit.

Rehearing Denied June 13, 1951.


Attorney(s) appearing for the Case

L. H. Vogel, George C. Bunge, Chicago, Ill. (B. S. Quigley, Chicago, Ill., of counsel), Don A. Banta, Chicago, Ill., for appellant.

Howard A. Brundage, Charles F. Short, Jr., and P. Sveinbjorn Johnson, all of Chicago, Ill., for appellee.

Before DUFFY, FINNEGAN and LINDLEY, Circuit Judges.


LINDLEY, Circuit Judge.

This is an appeal from a summary judgment for defendant in an action brought by plaintiff, for the use of its compensation insurance carrier, to recover the amount of workmen's compensation awarded by the Illinois Industrial Commission to the widow and minor children of plaintiff's employee killed in an airplane accident. The complaint contained averments of negligence on the part of defendant Air Lines, Inc., and freedom from contributory...

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