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ROACH v. CHURCHMAN

Nos. 19923, 19924, 19945, 19946.

431 F.2d 849 (1970)

E. Roberta ROACH, Administratrix of the Estate of John Hubert Roach, Deceased, (Plaintiff)-Appellant, v. John P. CHURCHMAN, Administrator of the Estate of Merle Ravenstein, (Defendant)-Appellant, v. AMERICAN HOME ASSURANCE COMPANY, Appellee. AMERICAN HOME ASSURANCE COMPANY, a Corporation, Appellee, v. E. Roberta ROACH, Administratrix of the Estate of John Hubert Roach, Deceased; The Estate of Merle Ravenstein, Deceased; and John P. Churchman, Administrator of said Estate, Appellants, and Rose Ravenstein.

United States Court of Appeals, Eighth Circuit.

September 18, 1970.

Attorney(s) appearing for the Case

J. Patrick Green, Omaha, Neb., for appellant, E. Roberta Roach, and others and filed brief; John P. Miller, Omaha, Neb.; David McCann, Council Bluffs, Iowa, Tom H. Davis, Austin, Tex., and John P. Churchman, Council Bluffs, Iowa, were on the brief with Mr. Green.

William L. Morrow, Austin, Tex., for appellant, E. Roberta Roach; brief was filed by John P. Miller, Omaha, Neb., David McCann, Council Bluffs, Iowa, and Tom H. Davis, Austin, Tex.

John M. Peters, Council Bluffs, Iowa, for appellee, and filed brief.

Before MEHAFFY and BRIGHT, Circuit Judges, and HARPER, Chief District Judge.

BRIGHT, Circuit Judge.

Merle Ravenstein, the insured, piloted a single-engine airplane which crashed during the night of August 20-21, 1966, causing his own death and that of his passenger, John H. Roach. Ravenstein's final ill-fated flight commenced at St. Joseph, Missouri, at 11:23 p. m., and ended at approximately 12:15 a. m. when the plane crashed near Glenwood, Iowa, enroute to Omaha, Nebraska. According to the records kept in his pilot log book, Ravenstein had...

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