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EASTERN AIR LINES, INC. v. UNITED STATES

No. 11069.

207 F.2d 560 (1953)

EASTERN AIR LINES, Inc., v. UNITED STATES.

United States Court of Appeals Third Circuit.

Decided October 19, 1953.

Attorney(s) appearing for the Case

James B. Spell, Washington, D. C., (Warren E. Burger, Asst. Atty. Gen., Michael A. Poppiti, Asst. U. S. Atty., Wilmington, Del., Massillon M. Heuser, Atty. Department of Justice, Washington, D. C., on the brief), for appellant.

Joseph W. Henderson, Philadelphia, Pa. (Rawle & Henderson, Robert E. Jones, Philadelphia, Pa., James R. Morford, Wilmington, Del., on the brief), for appellee.

Before BIGGS, Chief Judge, and McLAUGHLIN and STALEY, Circuit Judges.

PER CURIAM.

The questions presented by this appeal are primarily those of fact. It is the contention of the United States that the incontrovertible physical facts demonstrate that the pilot and co-pilot of the airliner owned by Eastern Air Lines, Inc. were negligent in failing to keep a proper lookout whereby the Army bomber, whose pilot was admittedly pursuing an aural null procedure, could have been seen and the collision between the two airplanes avoided. The United...

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