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LAZARUS v. EASTERN AIR LINES, INC.

No. 15873.

292 F.2d 748 (1961)

Mrs. Fannie LAZARUS, Appellant v. EASTERN AIR LINES, INC., Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 11, 1961.

Petition for Rehearing Denied June 7, 1961.

Attorney(s) appearing for the Case

Mr. Samuel Intrater, Washington, D. C., with whom Mr. Albert Brick, Washington, D. C., was on the brief, for appellant.

Mr. William E. Stewart, Jr., Washington, D. C., with whom Messrs. Richard W. Galiher and William J. Donnelly, Jr., Washington, D. C., were on the brief, for appellee.

Before WILBUR K. MILLER, Chief Judge, and EDGERTON, Circuit Judge, and MAGRUDER, Senior United States Circuit Judge for the First Circuit.

Petition for Rehearing En Banc Denied June 7, 1961.

WILBUR K. MILLER, Chief Judge.

At Atlanta, Georgia, about one o'clock in the morning, Mrs. Fannie Lazarus, a seasoned air traveler, boarded an Eastern Air Lines plane bound for New Orleans. The interior of the plane was dimly lighted, presumably because some of the passengers were asleep. Mrs. Lazarus immediately called for a cup of tea, which was served to her not earlier than 1:15 a. m. The stewardess put...

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