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BANKO v. CONTINENTAL MOTORS CORPORATION

No. 10605.

373 F.2d 314 (1966)

George BANKO and United States Aviation Underwriters, Inc., Appellants, v. CONTINENTAL MOTORS CORPORATION, Appellee.

United States Court of Appeals Fourth Circuit.

Decided December 9, 1966.

Attorney(s) appearing for the Case

M. B. Spaulding, Jr., and Philip F. Herrick, Washington, D. C., for appellants.

Harry Frazier, III, Richmond, Va. (Eppa Hunton, IV, and Hunton, Williams, Gay, Powell & Gibson, Richmond, Va., on the brief) for appellee.

Before HAYNSWORTH, Chief Judge, and J. SPENCER BELL and WINTER, Circuit Judges.

PER CURIAM:

This is a diversity suit brought by plaintiffs, Banko and his subrogated insurer, against Continental Motors Corporation for damages resulting from its alleged negligence and breach of express and implied warranties. A jury was waived. Plaintiff Banko, a pilot with some 15 years' and 5,000 hours' flying experience, was forced to make a crash landing in his airplane, a Bellanca "260," near Frostburg, Maryland, when his engine suddenly dropped to idle and...

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