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LINK AVIATION, INC. v. DOWNS

No. 17299.

325 F.2d 613 (1963)

LINK AVIATION, INC., a corporation, and Air Trainers Link Limited, a corporation, and South British Insurance Company, Ltd., and Underwriters at Lloyds, Subscribing Policy M 70656, Appellants, v. Wilford W. DOWNS and Van E. Thompson, copartners, trading and doing business as Old Dominion Hoisting Service, and Merchants Transfer and Storage Company, Inc., a corporation, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided September 26, 1963.

Attorney(s) appearing for the Case

Mr. Oliver Gasch, Washington, D. C., with whom Messrs. G. Bowdoin Craighill and Llewellyn C. Thomas, Washington, D. C., were on the brief, for appellants.

Mr. Frank J. Martell, Washington, D. C., with whom Messrs. Richard W. Galiher and William E. Stewart, Jr., Washington, D. C., were on the brief, for appellee, Merchants Transfer and Storage Co., Inc.

Mr. M. S. Mazzuchi, Washington, D. C., was on the brief for appellee Wilford W. Downs and Van E. Thompson, copartners, trading and doing business as Old Dominion Hoisting Service.

Before PRETTYMAN, Senior Circuit Judge, and FAHY and BURGER, Circuit Judges.

FAHY, Circuit Judge.

In the District Court Link Aviation, Inc., and Air Trainers Link Limited, appellants, sued Wilford W. Downs and Van E. Thompson, partners doing business as the Old Dominion Hoisting Service, and the Merchant's Transfer and Storage Co., appellees, alleging the negligent damaging by defendants of an airplane of plaintiffs to the extent of $21,000.47. The suit was filed June 16, 1959. Theretofore plaintiff Air Trainers had been paid by its insurers...

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