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CALHOUN v. NORTHEAST AIRLINES, INC.

180 F.Supp. 532 (1959)

Margaret Jane CALHOUN and Richard Calhoun, Plaintiffs, v. NORTHEAST AIRLINES, INC. and Flying Tiger Line, Inc., Defendants.

United States District Court S. D. New York.

November 21, 1959.

Attorney(s) appearing for the Case

Gustave G. Rosenberg and Lawrence M. Rosenberg, New York City, for plaintiffs.

Bigham, Englar, Jones & Houston, New York City, for defendants, John J. Martin, New York City, of counsel.

WEINFELD, District Judge.

The plaintiff was a passenger on a plane owned and operated by the defendants which crashed on Rikers Island shortly after its take-off. The defendants' answer, among other matters, denies they were negligent. The plaintiff moves pursuant to Rule 56 of the Federal Rules of Civil Procedure, for an order striking the answer of the defendants and granting summary judgment on the ground that there is no issue of fact as to liability, leaving...

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