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McCLENNY v. UNITED AIR LINES, INC.

Nos. 11061, 11110, 11116, 11138, 11388.

178 F.Supp. 372 (1959)

Neva E. McCLENNY, Administrator of the Estate of Rosalee Maude McClenny, Deceased, Plaintiff, v. UNITED AIR LINES, INC., a corporation, Defendant. Perrin D. McELROY, Administrator of the Estate of Tracine Elizabeth ARMBRUSTER, Plaintiff, v. UNITED AIR LINES, INC., a corporation, Defendant. E. A. WINSTANLEY, Administrator of the Estate of Gloria K. TOWNSEND, Plaintiff, v. UNITED AIR LINES, INC., a corporation, Defendant. Mary TRUEBLOOD, Administrator of the Estate of Martha Ann BECK, Deceased, Plaintiff, v. UNITED AIR LINES, INC., a corporation, Defendant. Charles E. SANDERS, Administrator of the Estate of Robert E. SANDERS, Deceased, Plaintiff, v. UNITED AIR LINES, INC., a corporation, Defendant.

United States District Court W. D. Missouri, W. D.

October 6, 1959.

Attorney(s) appearing for the Case

Knowlton, Ellis & Drape, Kansas City, Mo., for plaintiff Neva E. McClenny.

Hogsett, Houts, James, Randall & Hogsett, Kansas City, Mo., Speiser, Quinn & O'Brien, New York City, by Stuart M. Speiser, New York City, for plaintiffs McClenny, Trueblood, Sanders, McElroy and Winstanley.

Popham, Thompson, Popham, Mandell & Trusty, Kansas City, Mo., for plaintiff Sanders.

Kuraner, Freeman, Kuraner & Oberlander, Kansas City, Mo., for plaintiffs McElroy and Winstanley.

Rogers, Field, Gentry & Jackson, Kansas City, Mo., for defendant.

RIDGE, District Judge.

Pursuant to pre-trial conference procedure had herein, the following legal issue was submitted to the Court for determination before trial:

"What positive duty did CAA or ARTC personnel have, under the Civil Aeronautics Act of 1938 and Rules and Regulations promulgated by CAB or CAA, to advise or warn defendant, or the pilot of Flight 718, of a `potentially hazardous condition' while in VFR flight, off airways, under defendant's flight...

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