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STATE OF MARYLAND v. CAPITAL AIRLINES, INC.

Civ. A. Nos. 11385, 11386, 11393.

267 F.Supp. 298 (1967)

STATE OF MARYLAND for the Use of John Lowell GLIEDMAN, Jeffrey Bruce Gliedman, Ellen Deborah Gliedman and Darcy Joan Gliedman, surviving infant children of Lester H. Gliedman and Gertrude Gliedman, Deceased, by their guardians and next friends Karl Eppstein and Anna K. Emerson Eppstein as Executors of the Estate of Lester H. Gliedman, Deceased, and Karl Eppstein and Anna K. Emerson Eppstein as Executors of the Estate of Gertrude Gliedman, Deceased v. CAPITAL AIRLINES, INC. and The United States of America. STATE OF MARYLAND for the Use of Willa DICKSON, surviving widow and Michael Dickson, Patricia Dickson and Kelly Dickson, surviving infant children of James R. Dickson, Deceased, by Willa Dickson, their mother, next friend and guardian, and Willa Dickson as Administratrix of the Estate of James R. Dickson, Deceased v. CAPITAL AIRLINES, INC. and The United States of America. Enriqueta L. TEN, Administratrix of the Goods, Chattels and Credits of Helen Irizarry, Deceased, and State of Maryland, To the Use of Enriqueta L. Ten, Cosme Irizarry, Lillian Irizarry, and Micheal Ten, Next of Kin of Helen Irizarry, Deceased v. UNITED STATES of America and Julius R. McCoy.

United States District Court D. Maryland.

April 3, 1967.

Attorney(s) appearing for the Case

George L. Clarke, Buckmaster, White, Mindel & Clarke, George W. White, Jr., Baltimore, Md., for plaintiffs, Gliedman, Eppstein, and Dickson, Theodore E. Wolcott, New York City, of counsel.

John J. O'Connor, Jr., O'Connor & Preston, Baltimore, Md., and Lee S. Kreindler, Paul S. Edelman, Kreindler & Kreindler, New York City, for plaintiffs, Ten and Irizarry.

Paul F. Due, Baltimore, Md., and Richard W. Galiher, Washington, D. C., for defendant Capital Airlines.

John H. Mudd, Baltimore, Md., for defendant McCoy.

Thomas J. Kenney, U. S. Atty., and William E. Malloney, Dept. of Justice, for the United States.

NORTHROP, District Judge.

In three companion cases consolidated for trial, Civil Nos. 11385, 11386, and 11393, the plaintiffs move for summary judgment against the United States on the basis of collateral estoppel. In two of these cases, 11385 and 11386, Capital Airlines, one of the defendants, moves for summary judgment against the United States by requesting that the United States be estopped from claiming contribution against it. Capital Airlines is not a party...

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