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WEINSTEIN v. EASTERN AIRLINES, INC.

Nos. 14023-14029.

316 F.2d 758 (1963)

Dorothy WEINSTEIN, Executrix of the Estate of Ralph Weinstein, Deceased, Appellant, v. EASTERN AIRLINES, INC., General Motors Corporation, and Lockheed Aircraft Corporation. Thelma P. FREEMAN and Provident Tradesmens Bank and Trust Company, Co-Executors of the Estate of Addison B. Freeman, Jr., Deceased, Appellants, v. EASTERN AIRLINES, INC., General Motors Corporation, and Lockheed Aircraft Corporation. Mary B. GRICE, Executrix of the Estate of David S. Grice, Deceased, Appellant, v. EASTERN AIRLINES, INC., General Motors Corporation, and Lockheed Aircraft Corporation. Diane BRAFF, Administratrix ad Prosequendum and as General Administratrix of the Estate of Bernard Jay Braff, Deceased, Appellant, v. EASTERN AIRLINES, INC., General Motors Corporation, and Lockheed Aircraft Corporation. Edna E. LONG and Laura Manney, Administratrices of the Estate of Shirley E. Reitz, Deceased, Appellants, v. EASTERN AIRLINES, INC., General Motors Corporation, and Lockheed Aircraft Corporation. Attilio E. ABATE, Administrator of the Estate of Frederick N. Abate, Deceased, Appellant, v. EASTERN AIRLINES, INC., General Motors Corporation, and Lockheed Aircraft Corporation. Joseph THOMPSON, Jr., Administrator of the Estate of Letha Mae Thompson, Deceased, Appellant, v. EASTERN AIRLINES, INC., General Motors Corporation, and Lockheed Aircraft, Corporation.

United States Court of Appeals Third Circuit.

Decided April 26, 1963.

Attorney(s) appearing for the Case

Milton M. Borowsky, Philadelphia, Pa., for libellants-appellants (Abraham E. Freedman, Marvin I. Barish, Morton Rosen, Freedman, Landy & Lorry, Philadelphia, Pa., on the brief).

Thomas F. Mount, Philadelphia, Pa., for appellees (J. Grant McCabe, III, Rawle & Henderson, Philadelphia, Pa., for appellee Eastern Airlines, Inc., Owen B. Rhoads, Arthur E. Newbold, III, Dechert, Price & Rhoads, Philadelphia, Pa., for appellee General Motors Corp., Sidney L. Wickenhaver, Hugh G. Moulton, Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., for appellee Lockheed Aircraft Corp., on the brief).

Before BIGGS, Chief Judge, STALEY, Circuit Judge, and LEAHY, District Judge.

BIGGS, Chief Judge.

This appeal raises the novel and interesting question of whether an action for wrongful death arising out of the crash of an aircraft in navigable waters within one marine league from shore lies within the admiralty jurisdiction of the United States.

At approximately five o'clock in the afternoon of October 4, 1960, Eastern Airlines Flight No. 375, a land-based Lockheed Electra aircraft, took off...

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