AMERICAN AIRLINES, INC. v. UNITED STATES

No. 26185.

418 F.2d 180 (1969)

AMERICAN AIRLINES, INC., Appellant, v. UNITED STATES of America and Sara Ann Creasy, Appellees. Sara Ann CREASY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied November 17, 1969.


Attorney(s) appearing for the Case

W. B. Patterson, Jack Pew, Jr., Dallas, Tex., for American Airlines, Inc., Frederick B. Lacey, Daniel K. Read, Jr., Shanley & Fisher, Newark, N. J., Jackson, Walker, Winstead, Cantwell & Miller, Dallas, Tex., of counsel.

John H. McElhaney, Dallas, Tex., for Sara Ann Creasy, Speiser, Shumate, Goeghan & Krause, New York City, Turner, Rodgers, Winn, Scurlock & Terry, Dallas, Tex., of counsel.

Eldon B. Mahon, U. S. Atty., Kenneth J. Mighell, Asst. U. S. Atty., Dallas, Tex., William L. Morrow, Leonard Schaitman, Morton Hollander, Attys., U. S. Dept. of Justice, Washington, D. C., J. Carlisle DeHay, Jr., George Gardere, Dallas, Tex., Carl Eardley, Acting Asst. Atty. Gen., Attorneys, Department of Justice, Washington, D. C., for Boeing.

Before COLEMAN and SIMPSON, Circuit Judges, and MEHRTENS, District Judge.


COLEMAN, Circuit Judge:

At one minute and thirty-five seconds past seven o'clock1 on the evening of November 5, 1965, American Airlines Flight 383 crashed while approaching a landing at the Greater Cincinnati Airport. The aircraft, a Boeing 727, struck the ground at a point which was 225 feet below the elevation of the landing field. Of the sixty-two persons aboard, fifty-eight were killed.

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