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BRANIFF AIRWAYS, INC. v. CURTISS-WRIGHT CORPORATION

Nos. 423-426, Dockets 32884-32887.

424 F.2d 427 (1970)

BRANIFF AIRWAYS, INC., Phillip Addabbo, and Morton D. Stein, as Executor of the Estate of Maurice Berg, deceased, Appellants, v. CURTISS-WRIGHT CORPORATION, Appellee.

United States Court of Appeals, Second Circuit.

April 16, 1970.

Attorney(s) appearing for the Case

Wilbur E. Dow, Jr., New York City, for appellants Braniff Airways, Inc., and Phillip Addabbo.

W. Shelby Coates, Jr., New York City, for appellant Morton D. Stein as executor of the estate of Maurice Berg, deceased.

James F. Coughlin, New York City (Mendes & Mount, Ernest D. Kennedy, New York City, of counsel), for appellee Curtiss-Wright Corp.

Before FRIENDLY, KAUFMAN and HAYS, Circuit Judges.

On Petition for Rehearing

IRVING R. KAUFMAN, Circuit Judge:

Appellants petition for rehearing of our decision in Braniff Airways, Inc., et al. v. Curtiss-Wright Corporation, 411 F.2d 451 (2d Cir. 1969), claiming that a state court decision filed subsequent to ours requires us to change our interpretation of the pertinent state statute of limitations.

The facts are fully set forth in our main opinion and so we shall...

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