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MARSTON v. AMERICAN EMPLOYERS INSURANCE CO.

Nos. 7617, 7618.

439 F.2d 1035 (1971)

John C. MARSTON, etc., Plaintiff, Appellee, v. AMERICAN EMPLOYERS INSURANCE CO., Defendant, Appellant. Rita J. WALLACE, Administratrix, et al., Plaintiffs, Appellees, v. AMERICAN EMPLOYERS INSURANCE CO., Defendant, Appellant.

United States Court of Appeals, First Circuit.

March 22, 1971.

Attorney(s) appearing for the Case

Douglas B. Bowring, New York City, with whom Vicente M. Ydrach and Hartzell, Fernandez, Novas & Ydrach, Hato Rey, P. R., were on brief, for appellants.

Harvey B. Nachman, San Juan, P. R., with whom Gonzalez & Rodriguez and Nachman, Feldstein, Gelpi, Antonetti & Smith, San Juan, P. R., were on brief, for appellees.

Before ALDRICH, Chief Judge, and McENTEE and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

On October 28, 1967 an airplane crashed on the Island of Culebra. The plane was owned by Charles Pennock but operated by Inter-Island Airways, Inc. under a special leasing arrangement. Pennock would pilot the plane whenever he chose, but for the remainder of the time the plane was leased to Inter-Island which used it in its air taxi service and provided maintenance, inspection, and storage. Inter-Island...

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