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COLUMBIA HELICOPTERS, INC. v. TRANSPORT INDEMNITY CO.

No. 24794.

428 F.2d 1385 (1970)

COLUMBIA HELICOPTERS, INC., a corporation, and Marvin E. Lematta, Plaintiffs-Appellees, v. TRANSPORT INDEMNITY CO., a corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 21, 1970.

Attorney(s) appearing for the Case

Thomas M. Triplett (argued), of Mautz, Souther, Spaulding, Kinsey & Williamson, Portland, Or., for defendant-appellant.

Jonathan A. Ater (argued), Wm. H. Poole, of Lindsay, Nahstoll, Hart, Dafoe & Krause, Portland, Or., for plaintiffs-appellees.

Before CHAMBERS and WRIGHT, Circuit Judges, and BOLDT, District Judge.

EUGENE A. WRIGHT, Circuit Judge:

On May 22, 1964, a helicopter crashed outside of Bishop, California. The pilot, Marvin E. Lematta, vice-president of appellee Columbia Helicopters, Inc. (Columbia), was severely injured and the only passenger, R. R. DeFoor, president of R. R. DeFoor Transportation Co., Inc., the owner of the helicopter, was killed.1 The helicopter, which is the subject matter of this litigation was destroyed.

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