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PACIFIC INDEMNITY CO. v. ACEL DELIVERY SERVICE, INC.

No. 28323.

432 F.2d 952 (1970)

PACIFIC INDEMNITY COMPANY, Plaintiff-Appellee, v. ACEL DELIVERY SERVICE, INC., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 18, 1970.

Attorney(s) appearing for the Case

Tom H. Davis, Austin, Tex., for defendants-appellants.

Logan Ford, Spencer C. Relyea, III, Dallas, Tex., for plaintiff-appellee.

William C. Manning, Irving, Tex., Henry W. Simon, Jr., Norman W. Darwin, Fort Worth, Tex., for other interested parties.

Before RIVES, GEWIN and INGRAHAM, Circuit Judges.

INGRAHAM, Circuit Judge:

On May 27, 1967, a Piper Comanche aircraft crashed at Raton, New Mexico, killing the pilot, Wendell Williams, and a passenger, Joe Mack Talley. Another passenger, Walter C. Talley, was seriously injured. The aircraft was owned by the Acel Delivery Service, Inc. and was insured by the Pacific Indemnity Company.

On May 13, 1968, suit was filed by George and Josephine Edmondson against Acel Delivery Service, Inc., and the Estate of Joe...

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