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BERNER v. BRITISH COMMONWEALTH PACIFIC AIRLINES, LTD.

219 F.Supp. 289 (1963)

T. Roland BERNER and Arthur S. Lesser, Executors of the Estate of William Kapell, deceased, Plaintiffs, v. BRITISH COMMONWEALTH PACIFIC AIRLINES, LTD., a Foreign Corp., and British Commonwealth Pacific Airlines, Ltd., now doing business as Qantas Empire Aviation, Ltd., a Foreign Corp., Defendants.

United States District Court S. D. New York.

June 28, 1963.

Attorney(s) appearing for the Case

Belli, Ashe & Gerry, by Melvin M. Belli, and Richard F. Gerry, San Francisco, Cal., and T. Roland Berner, by Sidney Bender, M. Victor Leventritt, New York City, for plaintiffs.

Condon & Forsyth, by Austin Magner, and George N. Tompkins, Jr., New York City, Wallace & Parker, by Charles F. Parker, San Francisco, Cal., for defendants.

Before RITTER, District Judge.

A Douglas DC-6, VHBPE, owned and operated by British Commonwealth Pacific Airlines, Ltd. (BCPA), crashed near Half Moon Bay, California, at approximately 0844 Pacific Standard Time, October 29, 1953. The aircraft was destroyed by impact and subsequent fire. The eight crew members and eleven passengers were killed. Plaintiffs' testate, William Kapell, was one of those passengers.

This action is brought to recover damages for the death of William Kapell. It was tried...

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