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SWAIN v. BOEING AIRPLANE COMPANY

No. 17, Docket 28843.

337 F.2d 940 (1964)

Lorene M. SWAIN, as Executrix of the Last Will and Testament of William T. Swain, deceased, et al., Plaintiffs-Appellants, v. BOEING AIRPLANE COMPANY, Defendant-Respondent.

United States Court of Appeals Second Circuit.

Decided October 27, 1964.

Attorney(s) appearing for the Case

William F. X. Geoghan, Jr., New York City, Speiser, Shumate, Geoghan & Law, New York City (Stuart M. Speiser, William L. Shumate, New York City, and Alfred W. Gans, Rochester, N. Y., of counsel), for plaintiffs-appellants.

Benjamin E. Haller, New York City, Mendes & Mount, New York City, for defendant-appellee.

Before FRIENDLY, KAUFMAN and MARSHALL, Circuit Judges.

FRIENDLY, Circuit Judge.

The personal representatives of five American Airlines employees, killed in a training flight of a Boeing 707-123 jet airplane over Long Island in 1959, brought actions for wrongful death against the Boeing Airplane Company in the District Court for the Southern District of New York — federal jurisdiction being predicated on diverse citizenship. Plaintiffs contended that the initial design...

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