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MERTENS v. FLYING TIGER LINE, INC.

No. 141, Docket 28690.

341 F.2d 851 (1965)

Frederic T. MERTENS, Sr., individually and as Administrator of the Estate of Frederic Thorn Mertens, deceased, and Margaret S. Mertens, Plaintiffs-Appellants-Appellees, v. The FLYING TIGER LINE, INC., Defendant-Appellee-Appellant.

United States Court of Appeals Second Circuit.

Decided February 16, 1965.

Attorney(s) appearing for the Case

Clarence Fried, New York City (Hawkins, Delafield & Wood, New York City, on the brief) (Ronald Charles Wolf, New York City, of counsel), for plaintiffs-appellants-appellees.

Austin P. Magner, New York City (Condon & Forsyth, New York City, on the brief) (George N. Tompkins, Jr., New York City, of counsel), for defendant-appellee-appellant.

Before LUMBARD, Chief Judge, and HAYS and MARSHALL, Circuit Judges.

MARSHALL, Circuit Judge.

An action was commenced in the Southern District of New York to recover damages resulting from a death caused by an airplane accident in Japan. Decedent's parents brought the action in their individual capacity, and the father also acted in a representative capacity as the administrator appointed under New Jersey Law. The owner and operator of the airplane, a Delaware corporation doing business in New York, Flying Tiger Line, Inc., was served...

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