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EYERLY AIRCRAFT CO. v. KILLIAN

No. 26275.

414 F.2d 591 (1969)

EYERLY AIRCRAFT CO., Appellant, v. Jack KILLIAN, Individually and for and on behalf of Jan Killian, a Minor, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 5, 1969.

Attorney(s) appearing for the Case

George C. Chapman, Thompson, Knight, Simmons & Bullion, Dallas, Tex., for appellant.

Henry Stollenwerck, Dallas, Tex., for appellee.

Before GOLDBERG and MORGAN, Circuit Judges, and LIEB, District Judge.

GOLDBERG, Circuit Judge.

Our question in this diversity case is whether the Texas "Long Arm" statute has the stretch, within constitutional permissibility, to embrace the products liability action before us.1 We find both the stretch and the embrace.

Jan Killian was seriously injured in a fall from an amusement ride in Dallas, Texas. Seeking to recover damages on account of Jan's injury, Jack Killian, individually and on behalf...

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