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FARRELL v. PIEDMONT AVIATION, INC.

No. 68 Civ. 2538.

295 F.Supp. 228 (1968)

George E. FARRELL, as Administrator de bonis non of the Estate of Wyand F. Doerner, Jr., deceased, et al., Plaintiffs, v. PIEDMONT AVIATION, INC., the Boeing Company, United States of America, Rapidair, Inc., and Lanseair, Inc., Defendants.

United States District Court S. D. New York.

November 27, 1968.

Attorney(s) appearing for the Case

Kreindler & Kreindler, New York City, for plaintiffs; Lee S. Kreindler, Milton G. Sincoff, Gerald A. Robbie, William D. Siegel, New York City, of counsel.

Haight, Gardner, Poor & Havens, New York City, for defendant Rapidair, Inc., and garnishee, St. Paul Fire and Marine Ins. Co.; John Osnato, Jr., Walter E. Rutherford, New York City, of counsel.

Robert M. Morgenthau, United States Atty., for the United States of America; Patricia M. Hynes, Asst. United States Atty., of counsel.

WYATT, District Judge.

This is a motion by defendant Rapidair, Inc. (Rapidair) and by a "garnishee" St. Paul Fire and Marine Insurance Company (St. Paul) for an order vacating the attachment of the insurance policy issued by St. Paul to Rapidair, setting aside the service of process and dismissing the action as against Rapidair.

The claims asserted in the complaint are by the personal representatives of 13 passengers on a Piedmont Airlines plane who died when...

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