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FARRELL v. WYATT

No. 495, Docket 33246.

408 F.2d 662 (1969)

George E. FARRELL, as Administrator de bonis non of the Estate of Wyand F. Doerner, Jr., deceased, et al., Plaintiffs-Petitioners, v. The Honorable Inzer B. WYATT, United States District Judge for the Southern District of New York, Respondent.

United States Court of Appeals Second Circuit.

Decided March 18, 1969.

Attorney(s) appearing for the Case

Kreindler & Kreindler, New York City, Gerald A. Robbie, New York City, on the brief, for plaintiffs-petitioners.

Robert M. Morgenthau, U. S. Atty., for Southern District of New York, Patricia M. Hynes, Asst. U. S. Atty., on the brief, for the United States.

Before ANDERSON and FEINBERG, Circuit Judges, and MANSFIELD, District Judge.

FEINBERG, Circuit Judge:

In July 1967, a Boeing 727 jet airplane collided with a smaller Cessna 310 aircraft over Hendersonville, North Carolina. There were 74 passengers and five crew members in the larger plane and two passengers and the pilot in the smaller. All were killed. That tragedy led to various lawsuits, one of which is the subject of this petition for a writ of mandamus or prohibition by plaintiffs-administrators. The petition seeks to vacate two orders...

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