ALLEN v. ESTATE OF CARMAN

No. 30472.

486 F.2d 490 (1973)

Mrs. John W. ALLEN, Plaintiff-Appellant, v. The ESTATE of Charles Francis CARMAN and Mrs. Sylvia Carman, Executrix, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 1, 1973.


Attorney(s) appearing for the Case

Eugene R. Kiser, Atlanta, Ga., Warren A. Rosser, Chamblee, Ga., Leonard Jaffe, Miami, Fla., for plaintiff-appellant.

James A. Smith, Fred C. Davant, Miami, Fla., for defendants-appellees.

Before JOHN R. BROWN, Chief Judge, and PHILLIPS and INGRAHAM, Circuit Judges.


JOHN R. BROWN, Chief Judge:

Once again this Court, and more importantly, the jurisprudence is aided by the remarkable Florida certification procedure1 pursuant to the provisions of § 25.031 Florida Statutes, F.S.A., and Rule 4.61 Florida Appellate Rules, 32 F. S.A.

At the center of a common law suit, by the survivors against the employer for death of the employee in an air crash,...

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