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LONG v. PAN AMER. WORLD AIRWAYS

16 N.Y.2d 337 (1965)

G. Leroy Long et al., as Executors of Clyde W. Long, Deceased, et al., Appellants, v. Pan American World Airways, Inc., Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided December 30, 1965.

Attorney(s) appearing for the Case

Lee S. Kreindler, Milton G. Sincoff, Andrew P. O'Rourke and Jules Brody for appellants.

William J. Junkerman, Peter L. Dawson and John H. Riggs, Jr., for respondent.

Chief Judge DESMOND and Judges DYE, VAN VOORHIS, BURKE, SCILEPPI and BERGAN concur.

FULD, J.

The primary question posed for decision — the applicability of the rule announced in Babcock v. Jackson (12 N.Y.2d 473) — comes to us on appeal from an order dismissing the complaint. It is alleged therein that on December 8, 1963 a commercial airplane, owned and operated by the defendant Pan American, was en route from San Juan, Puerto Rico, to...

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