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ROSENTHAL v. TRANS WORLD AIRLINES, INC.

No. 72-2211.

490 F.2d 1036 (1974)

George W. ROSENTHAL, Executor, Estate of Marion R. Rosenthal, Plaintiff, v. TRANS WORLD AIRLINES, INC., Defendant-Appellee, v. DELTA AIR LINES, INC., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 17, 1974.

Attorney(s) appearing for the Case

Edward D. Crocker, Cleveland, Ohio, for defendant-appellant; Arter & Hadden, Cleveland, Ohio, and John W. Beatty, Dinsmore, Shohl, Coats & Deupree, Cincinnati, Ohio, on brief.

Ralph F. Mitchell, Cincinnati, Ohio, for defendant-appellee; Rendigs, Fry, Kiely & Dennis, Cincinnati, Ohio, and Paul G. Pennoyer, Jr., Chadbourne, Parke, Whiteside & Wolff, New York City, on brief.

Before WEICK and McCREE, Circuit Judges, and O'SULLIVAN, Senior Circuit Judge.

O'SULLIVAN, Senior Circuit Judge.

We consider the appeal of Delta Air Lines, Inc., (Delta) from a judgment entered upon a jury verdict awarding $2,216,000 to Trans World Airlines (TWA) and Federal Insurance Company (Federal) for damage done to a TWA Boeing 707 airplane in the casualty involved herein. The case was tried in the United States District Court for the Southern District of Ohio, Western Division.

At approximately 6:30 P.M., on November 6, 1967,...

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