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MULHERN v. CAPITAL AIRLINES, INC.

No. 168, Docket 29984.

353 F.2d 738 (1965)

Joseph J. MULHERN, Sr., Executor of the Estate of Robert M. Carroll, deceased, Plaintiff-Appellant, v. CAPITAL AIRLINES, INC., and United Air Lines, Inc., Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided November 17, 1965.

Attorney(s) appearing for the Case

John F. Mulhern, Boston, Mass. (Raymond V. Rebecchi, New York City, on the brief), for plaintiff-appellant.

William J. Junkerman, John H. Riggs, Jr., and Haight, Gardner, Poor & Havens, New York City, for defendants-appellees.

Before LUMBARD, Chief Judge, and MEDINA and WATERMAN, Circuit Judges.

PER CURIAM.

Having previously studied the briefs and appellant's Appendix, we heard argument and affirmed in open court. The case arises out of the same plane crash and involves legal questions identical with those before this Court earlier this year in Skahill v. Capital Airlines, Inc., April 20, 1965, 2 Cir., Docket No. 29422, affirmed in open court on the opinion of Judge Levet below, reported at 234 F.Supp. 906. We agree with...

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