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FINNERMAN v. McCORMICK

Nos. 73-1708, 73-1709.

499 F.2d 212 (1974)

Gerald W. FINNERMAN et al., Plaintiffs-Appellants, v. Harold L. McCORMICK, Executor of the Estate of George William McCormick, Deceased, and Sunset Drive In Theatre, a co-partnership, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied July 1, 1974.

Attorney(s) appearing for the Case

Robert A. Dufty, of Friedman, Bader & Dufty, Denver, Colo., for plaintiffs-appellants.

Don R. Evans, of Yegge, Hall & Evans, Denver, Colo., for defendants-appellees.

Before BREITENSTEIN, SETH and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

In this diversity action damages are sought for the wrongful death of Robert Sparr and serious injuries to Gerald Finnerman which occurred in the crash of a Piper aircraft. This took place on July 11, 1969. One George McCormick, the pilot of the plane, was also killed. This action is against the McCormick estate and the Sunset Drive In Theatre, the owner of the airplane and the alleged employer...

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