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COLDITZ v. EASTERN AIRLINES, INC.

No. 68 Civ. 4745.

329 F.Supp. 691 (1971)

Royal C. COLDITZ et al., Plaintiffs, v. EASTERN AIRLINES, INC. and Trans World Airlines, Inc., Defendants.

United States District Court, S. D. New York.

June 3, 1971.

Attorney(s) appearing for the Case

Phillips, Nizer, Benjamin, Krim & Ballon, Theodore H. Friedman, New York City, for plaintiffs.

Bigham, Englar, Jones & Houston, by John J. Martin, New York City, for defendant Eastern Airlines, Inc.

Chadbourne, Parke, Whiteside & Wolff by Paul G. Pennoyer, Jr., New York City, for defendant Trans World Airlines, Inc.

OPINION

TYLER, District Judge.

Plaintiffs, passengers on Eastern Airlines Flight 853 (EAL 853) which collided with Trans World Airlines Flight 42 (TWA 42) over Carmel, New York, on December 4, 1965, seek damages for personal injuries from the two airline companies responsible for the colliding aircraft. Jurisdiction is premised on diversity of citizenship, the amount in controversy exceeding $10,000 as to each...

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