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ALLEGHENY AIRLINES, INC. v. UNITED STATES

No. 73-1273.

504 F.2d 104 (1974)

ALLEGHENY AIRLINES, INC., and G.E.C.C. Leasing Corporation, Plaintiffs-Appellants, v. UNITED STATES of America et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 16, 1974.

Rehearing and Rehearing Denied November 26, 1974.

Attorney(s) appearing for the Case

Walter E. Rutherford, New York City, and Emerson Boyd, Indianapolis, Ind. (Robert L. Alpert, Robert B. Haserot, New York City, and William V. Hutchens, Indianapolis, Ind., on the brief), for Allegheny Airlines, Inc., and GECC Leasing Corp.

R. Stanley Lawton and Arthur P. Kalleres, Indianapolis, Ind., for Brookside Corp.

James E. Rocap, Jr., and Thomas P. Ledgerwood, Indianapolis, Ind., for Forth Corp.

Floyd W. Burns and Richard R. McDowell, Indianapolis, Ind., for Lee LeMay, Administrator.

Irving Jaffe, Acting Asst. Atty. Gen., Washington, D. C., Stanley B. Miller, U. S. Atty., Indianapolis, Ind., Morton Hollander and Michael H. Stein, Washington, D. C., for the United States.

Before SWYGERT, Chief Judge, KILEY, Senior Circuit Judge, and HOFFMAN, Senior District Judge.

Rehearing and Rehearing En Banc Denied November 26, 1974.

SWYGERT, Chief Judge.

Plaintiffs, Allegheny Airlines, Inc. (Allegheny) and GECC Leasing Corp. (GECC) appeal from final judgments entered in favor of defendants, Brookside Corporation (Brookside), Forth Corporation (Forth is a wholly-owned subsidiary of Brookside), the United States, and the estate of Robert W. Carey. As a result of a mid-air collision on September 9, 1969 near Fairland, Indiana between...

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