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MOYER v. MARTIN MARIETTA CORP.

No. 29550.

481 F.2d 585 (1973)

Lisellotte MOYER, etc., Plaintiff-Appellant, v. MARTIN MARIETTA CORP., etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 13, 1973.

Attorney(s) appearing for the Case

Hawkesworth & Kay, Arthur J. Hawkesworth, Jr., Horton & Schwartz, Alan R. Schwartz, Miami, Fla., for plaintiff-appellant.

Edward A. Perse, Carey, Dwyer, Austin, Cole & Selwood, Miami, Fla., for Martin Marietta Corp.

A. Lee Bradford, Dixon, DeJarnette, Bradford, Williams, McKay & Kimbrell, Miami, Fla., for Aircraft Mechanics, Inc.

Robert W. Rust, U. S. Atty., Miami, Fla., Philip Silverman, Daniel Joseph, Alan S. Rosenthal, Michael C. Farrar, Attys., Dept. of Justice, Washington, D. C., for U. S. A.

Before GODBOLD, SIMPSON and CLARK, Circuit Judges.

SIMPSON, Circuit Judge:

Larry Eugene Moyer, a test pilot employed by American Airmotive, Inc., at Miami, Florida, was preparing to fly a B-57A aircraft owned by the United States of America on April 22, 1964, when the ejection seat was triggered while the plane was still on the ground. The pilot was thrown into the air by the explosive charge associated with the ejection seat and was killed instantly when he fell on the paved runway.

The widow and administratrix...

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