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KONINKLIJKE LUCHTVAART MAATSCHAPPIJ N.V. KLM v. TULLER

No. 15716.

292 F.2d 775 (1961)

KONINKLIJKE LUCHTVAART MAATSCHAPPIJ N.V. KLM ROYAL DUTCH AIRLINES HOLLAND, et al., Appellants, v. Gertrude Owen TULLER, individually and as Executrix under the will of William Gordon Tuller, deceased, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided June 23, 1961.

Attorney(s) appearing for the Case

Mr. William J. Junkerman, New York City, for appellants.

Mr. Murdaugh Stuart Madden, Washington, D. C., for appellees.

Messrs. Theodore E. Wolcott and John S. Chapman, Jr., New York City, both of the Bar of the Supreme Court of the State of New York, were allowed to argue pro hac vice for appellees, but did not argue.

Before Mr. Justice REED, retired, and WILBUR K. MILLER, Chief Judge, and BURGER, Circuit Judge.

BURGER, Circuit Judge.

This is an appeal from a $350,000 judgment for the appellees in an action for wrongful death. The decedent, William Gordon Tuller, was a passenger on a flight of Koninkijke Luchtvaart Maatschappij N. V. KLM Royal Dutch Airline Holland, (KLM), from Amsterdam to New York which crashed approximately one minute after take-off from its intermediate stop at Shannon, Ireland. The plane crashed in the tidewaters of the Shannon River some 7000 feet from...

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