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RAPP v. VAN DUSEN

Nos. 14927, 14929 and 14934.

350 F.2d 806 (1965)

Howard H. RAPP, Administrator of the Estate of Richard F. Zeller, Deceased, et al., Petitioners, v. Honorable Francis L. VAN DUSEN et al., Respondent. Roberta BARRACK, Administratrix, et al., Leah Biernbaum and Dewey Hoffman, Extrs., et al., Doris A. Laister, Extx., et al., Petitioners, v. Honorable Francis L. VAN DUSEN et al., Respondent. Sidney W. POPKIN et al., Petitioners, v. Honorable Francis L. VAN DUSEN, United States District Judge for the Eastern District of Pennsylvania, Respondent.

United States Court of Appeals Third Circuit.

Reargued May 26, 1965.

Decided August 10, 1965.

Attorney(s) appearing for the Case

Ralph Earle, II, Morgan, Lewis & Bockius, Seymour I. Toll, Richter, Lord, Toll & Cavanaugh, Philadelphia, Pa. (Krusen, Evans & Byrne, Philadelphia, Pa., Kreindler & Kreindler, New York City, Freedman, Borowsky & Lorry, John R. McConnell, Gregory M. Harvey, Charles A. Lord, T. E. Byrne, Jr., Philadelphia, Pa., Lee S. Kreindler, New York City, Abram P. Piwosky, David M. Hass, Milton M. Borowsky, Philadelphia, Pa., on the brief), for petitioners in all cases.

William T. Coleman, Jr., Dilworth, Paxson, Kalish, Kohn & Dilks, Philadelphia, Pa. (Robert W. Maris, Philadelphia, Pa., on the brief), for respondent in all cases.

Before BIGGS, Chief Judge, and McLAUGHLIN, KALODNER, STALEY, HASTIE, GANEY, SMITH and FREEDMAN, Circuit Judges.

FREEDMAN, Circuit Judge.

These three petitions for writs of mandamus or prohibition, or both, were argued together and will be disposed of in one opinion.

On October 4, 1960, an Electra airplane crashed into Boston Harbor a few seconds after takeoff on its scheduled flight to Philadelphia. Numerous suits for the deaths and injuries which resulted were brought in the United States District Courts for the Eastern District of Pennsylvania and the District of...

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