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SCOTT v. EASTERN AIR LINES, INC.

No. 16328.

399 F.2d 14 (1967)

Donald A. SCOTT, Administrator of the Estate of Thomas L. Moody, Deceased v. EASTERN AIR LINES, INC., Lockheed Aircraft Co., General Motors Corporation and United States of America. Eastern Air Lines, Inc., Appellant.

United States Court of Appeals Third Circuit.

Decided March 30, 1967.

Reargued November 28, 1967.

Decided on Rehearing June 28, 1968.

Certiorari Denied December 9, 1968.

Attorney(s) appearing for the Case

J. Grant McCabe, III, Philadelphia, Pa. (Rawle & Henderson, David L. Steck, Philadelphia, Pa., on the brief), for appellant.

John R. McConnell, Philadelphia, Pa., (Ralph Earle II, John H. Lewis, Jr., Gregory M. Harvey, Morgan, Lewis & Bockius, Philadelphia, Pa., on the brief), for appellee.

Lee S. Kreindler, New York City, (Abram P. Piwosky, Philadelphia, Pa., David M. Hass, Philadelphia, Pa., Kreindler & Kreindler, Lee S. Kreindler, Paul S. Edelman, Milton G. Sincoff, Gerald A. Robbie, Jules Brody, New York City, on the brief), for amici curiae.

Milton M. Borowsky, Freedman, Borowsky & Lorry, Philadelphia, Pa., for amici curiae on rehearing.

Before HASTIE, GANEY and SEITZ, Circuit Judges.

Certiorari Denied December 9, 1968. See 89 S.Ct. 446.

OPINION OF THE COURT

HASTIE, Circuit Judge.

The plaintiff's decedent, a resident of Pennsylvania, returning home on a commercial Eastern Airlines plane, was killed when the plane crashed into the navigable waters of Boston Harbor just after taking off from Boston's Logan Airport on a flight to Atlanta, Georgia, with the first scheduled stop at Philadelphia. Alleging that the fatal accident was...

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