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McCORD v. DIXIE AVIATION CORPORATION

No. 71-1121.

450 F.2d 1129 (1971)

Robert L. McCORD and Oswald Simon, Plaintiffs-Appellants, v. DIXIE AVIATION CORPORATION et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 26, 1971.

Attorney(s) appearing for the Case

Michael A. K. Dan, Los Angeles, Cal., for plaintiffs-appellants.

Robert W. Brandt, Salt Lake City, Utah, for defendants-appellees.

Before JONES, HILL and BARRETT, Circuit Judges.

BARRETT, Circuit Judge.

Robert L. McCord and Oswald Simon, residents of California, appeal from the trial court's order granting appellees' motion for dismissal of two causes of action wherein plaintiffs-appellants alleged that the negligence of the pilot should be imputed to the defendants-appellees as a matter of law pursuant to the Federal Aviation Program, 49 U.S.C. § 1301(26).1

McCord and Simon suffered injuries in an...

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