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MERRILL v. UNITED AIR LINES, INC.

No. 250, Docket 26574.

288 F.2d 218 (1961)

Paul E. MERRILL, as Executor of the Estate of John B. Merrill, Deceased, and as Administrator of the Estate of Ann T. Merrill, Deceased, Plaintiff-Appellant, v. UNITED AIR LINES, INC., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided March 29, 1961.

Attorney(s) appearing for the Case

Harry E. Kreindler, of Kreindler & Kreindler, New York City (Lee S. Kreindler and Milton G. Sincoff, New York City, on the brief), for plaintiff-appellant.

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

Before LUMBARD, Chief Judge, and CLARK and SMITH, Circuit Judges.

CLARK, Circuit Judge.

This action brought under the Wyoming wrongful death statute (Wyoming Code Civ.Proc. §§ 3-403, 3-404) in the diversity jurisdiction of the court below arises out of a fatal airplane crash occurring on October 6, 1955, when defendant United Air Lines' DC-4 airplane struck Medicine Bow Peak in Wyoming. Plaintiff is executor of the estate of John B. Merrill, deceased, and administrator of the estate of Ann T. Merrill, deceased, both of...

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