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ULMER v. HARTFORD ACCIDENT AND INDEMNITY COMPANY

No. 23476.

380 F.2d 549 (1967)

Dorothy Campbell ULMER et al., Appellants, v. HARTFORD ACCIDENT AND INDEMNITY COMPANY et al., Appellees. AETNA CASUALTY AND SURETY COMPANY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 12, 1967.

Attorney(s) appearing for the Case

Arthur Cobb, Baton Rouge, La., A. Morgan Brian, Jr., New Orleans, La., Deutsch, Kerrigan & Stiles, New Orleans, La., for appellee-appellant Aetna Casualty & Surety Co.

Lloyd Cyril Melancon, New Orleans, La., for appellee Hartford Accident & Indemnity Co.; Porteous & Johnson, New Orleans, La., of counsel.

Barefoot Sanders, Asst. Atty. Gen., Louis C. La Cour, U. S. Atty., Gene S. Palmisano, Asst. U. S. Atty., Eugene N. Hamilton, Atty., Dept. of Justice, Washington, D. C., for appellee the United States.

A. R. Christovich, Jr., New Orleans, La., for appellee Geoffrey Stewart Read; Christovich & Kearney, New Orleans, La., of counsel.

Before JONES, GEWIN and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge.

On September 27, 1958, a United States Navy helicopter crashed in Louisiana killing its three occupants: Lieutenant Ulmer, Lieutenant Commander Brou, and Petty Officer Patterson. Subsequently, the widows and minor children of Brou and Ulmer and the mother and father of Patterson brought suit for the deaths. Diversity jurisdiction is derived from Title 28, U.S.C., Sec. 1332.

The helicopter flight involved in this litigation originated...

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