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D'ALEMAN v. PAN AMERICAN WORLD AIRWAYS

No. 355, Docket 25008.

259 F.2d 493 (1958)

Lucia De J. D'ALEMAN, Administratrix, etc., Plaintiff-Appellant, v. PAN AMERICAN WORLD AIRWAYS, Inc., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided October 2, 1958.

Attorney(s) appearing for the Case

Louis R. Harolds, New York City (Standard, Weisberg, Harolds & Malament, New York City, on the brief), for plaintiff-appellant.

William J. Junkerman, New York City (James B. McQuillan, Haight, Gardner, Poor & Havens, New York City, on the brief), for defendant-appellee.

Before WATERMAN and MOORE, Circuit Judges, and GALSTON, District Judge.

MOORE, Circuit Judge.

Plaintiff, as administratrix of the estate of her deceased husband, Aurelio D'Aleman, has asserted two claims for wrongful death against defendant, Pan American World Airways, Inc. The first cause of action alleged, in substance, that death "was occasioned by the negligence of the defendant * * * and the unairworthiness of the aircraft involved." The second cause of action was based upon an alleged failure "to provide adequate medical care and...

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