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HERRMANN v. BRANIFF AIRWAYS, INC.

No. 69 Civ. 2320.

308 F.Supp. 1094 (1969)

Betty S. HERRMANN and Bertram Geller, as Executors of the Estate of Frederick Herrmann, deceased and Dorothy Dinwiddie, as independent Executrix of the Estate of J. Howard Dinwiddie, deceased, individually, as parent, natural guardian and best friend of James H. Dinwiddie, an infant, Forrest Dinwiddie and Jay H. Dinwiddie, and for the use of Maude Dinwiddie Burk, Plaintiffs, v. BRANIFF AIRWAYS, INC., Defendant.

United States District Court, S. D. New York.

November 6, 1969.

Attorney(s) appearing for the Case

Kreindler & Kreindler, New York City, for plaintiffs; Stanley J. Levy, New York City, of counsel.

Haight, Gardner, Poor & Havens, New York City, for defendant; Maurice L. Noyer, James J. Sentner, Jr., New York City, of counsel.

OPINION

LASKER, District Judge.

Plaintiffs move under the provisions of 28 U.S.C.A. § 1447(c) to remand this action to the New York State Supreme Court. The suit arises out of the crash of a Braniff Airways aircraft in the vicinity of Dawson, Texas, on May 3, 1968.

Frederick Herrmann, a New York citizen, and J. Howard Dinwiddie, a citizen of Texas, were fare-paying passengers on the Braniff airplane and died in the crash. Plaintiffs Betty S...

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