HEAY v. PHILLIPS

No. 13042.

201 F.2d 220 (1952)

HEAY v. PHILLIPS et al.

United States Court of Appeals Ninth Circuit.

December 18, 1952.


Attorney(s) appearing for the Case

William V. Boggess and Warren A. Taylor, Fairbanks, Alaska, for appellant.

Robert A. Parrish and George B. McNabb, Jr., Fairbanks, Alaska, for appellees.

Before MATHEWS and STEPHENS, Circuit Judges, and DRIVER, District Judge.


STEPHENS, Circuit Judge.

Dean Phillips, Charles Gray and James Kelly are plaintiffs and appellees, and Douglas Heay is the defendant and appellant in this action. We shall refer to them by name or as plaintiff and defendant.

On the morning of September 20, 1950, while plaintiffs' plane was in defendant's exclusive possession and control, it crashed at Paxson Lake, Alaska, and was totally destroyed. On January 24, 1951, plaintiffs filed a complaint against...

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