IMPERIAL FURNITURE COMPANY v. PIEDMONT AVIATION, INC.

Nos. 9888, 9889.

349 F.2d 307 (1965)

IMPERIAL FURNITURE COMPANY, Inc., Appellee, v. PIEDMONT AVIATION, INC., and Federal Insurance Company, Appellants. IMPERIAL FURNITURE COMPANY, Inc., Appellant, v. PIEDMONT AVIATION, INC., and Federal Insurance Company, Appellees.

United States Court of Appeals Fourth Circuit.

Decided July 12, 1965.


Attorney(s) appearing for the Case

Thomas M. Starnes, Morganton, N. C. (Patton, Ervin & Starnes, Morganton, N. C., on brief), for appellants in No. 9888 and appellees in No. 9889.

Harry DuMont, Asheville, N. C. (Uzzell & DuMont, Asheville, N. C., on brief), for appellee in No. 9888 and appellant in No. 9889.

Before HAYNSWORTH, Chief Judge, SOBELOFF, Circuit Judge, and HUTCHESON, District Judge.


HAYNSWORTH, Chief Judge:

This controversy presents cross-claims for property damage arising out of a midair collision between two airplanes approaching the Hickory, North Carolina, airport for a landing. The District Judge found fault on the part of the commercial airliner in making a right turn in the vicinity of the airport, but concluded that that fault was not shown to have been a proximate cause of the collision. He concluded that, as the finder of fact, he was...

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