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BERNER v. BRITISH COMMONWEALTH PACIFIC AIRLINES, LTD.

No. 200, Docket 29033.

346 F.2d 532 (1965)

T. Roland BERNER and Arthur S. Lesser, Executors of the Estate of William Kapell, deceased, Plaintiffs-Appellants-Appellees, v. BRITISH COMMONWEALTH PACIFIC AIRLINES, LTD., a Foreign Corp. and British Commonwealth Pacific Airlines, Ltd., now doing business as Qantas Empire Aviation, Ltd., a Foreign Corporation, Defendants-Appellees-Appellants.

United States Court of Appeals Second Circuit.

Decided June 9, 1965.

Attorney(s) appearing for the Case

M. Victor Leventritt, New York City (T. Roland Berner, New York City, on the brief; Aaron Lewittes, Sidney Bender, 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 defendants-appellees-appellants.

Before WATERMAN, MOORE and KAUFMAN, Circuit Judges.

MOORE, Circuit Judge.

This is a diversity action for damages for wrongful death arising out of an airplane accident on October 29, 1953. In 1953 a pilot for defendant British Commonwealth Pacific Airlines, Ltd. (BC PA), an Australian corporation, in a plane coming from Honolulu, began an instrument landing, during which operation it crashed against a mountain near the San Francisco, California, airport. All aboard were killed, including plaintiffs' deceased, the noted...

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