FARRELL v. PIEDMONT AVIATION, INC.

Nos. 444-456, Dockets 33123, 33135-33146.

411 F.2d 812 (1969)

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

United States Court of Appeals Second Circuit.

Decided April 29, 1969.


Attorney(s) appearing for the Case

Lee S. Kreindler, New York City (Kreindler & Kreindler, New York City, Milton G. Sincoff and Gerald A. Robbie, New York City, of counsel), for plaintiffs-appellants.

John J. Martin, New York City (Bigham, Englar, Jones & Houston, New York City, Robert F. Ewald, New York City, of counsel), for Lanseair, Inc.

Walter E. Rutherford, New York City (Haight, Gardner, Poor & Havens, New York City), for Rapidair, Inc.

Edward F. Hayes, III, New York City (Chadbourne, Parke, Whiteside & Wolff, New York City, P. G. Pennoyer, Jr. and Daniel J. O'Neill, New York City, of counsel), for Piedmont Aviation, Inc.

Benjamin E. Haller, New York City, for The Boeing Co.

Patricia M. Hynes, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty. for the Southern District of New York, Michael D. Hess, Asst. U. S. Atty., of counsel), for United States.

Before WATERMAN, MOORE and FRIENDLY, Circuit Judges.


FRIENDLY, Circuit Judge:

These appeals are the latest fallout to reach this court from the much criticized decision in Seider v. Roth, 17 N.Y.2d 111, 269 N.Y.S.2d 99, 216 N.E.2d 312 (1966), which we have recently declined to declare unconstitutional on the facts presented in Minichiello v. Rosenberg and Stevens v. Tyng, (1968), adhered to by the court en banc, in

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