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BERGER v. WINER SPORTSWEAR, INC.

74 Civ. 532 (JMC).

394 F.Supp. 1110 (1975)

Michael BERGER, as Executor of the Estate of Maxine Winer, Deceased, Plaintiff, v. WINER SPORTSWEAR, INC., et al., Defendants. WINER SPORTSWEAR, INC., and Robert S. Winer, as Executor of the Estate of Melvin Winer, Deceased, Third-Party Plaintiffs, v. UNITED STATES of America, Third-Party Defendant.

United States District Court, S. D. New York.

May 30, 1975.

Attorney(s) appearing for the Case

Kreindler & Kreindler, New York City (Alan J. Konigsberg, New York City, of counsel), for plaintiff.

Brady, Tarpey, Downey, Hoey, P.C., New York City (John J. Palmeri, New York City, of counsel), for Winer Sportswear, Inc. and Robert S. Winer, as Executor of the Estate of Melvin Winer.

Bigham Englar Jones & Houston, New York City (James B. McQuillan, New York City, of counsel), for Cessna Aircraft Co.

Paul J. Curran, U. S. Atty., S.D.N.Y. (Peter C. Salerno, Asst. U. S. Atty., and George E. Farrell and George Fleming, Attys., Dept. of Justice, Washington, D. C., of counsel), for United States.

OPINION AND ORDER

CANNELLA, District Judge:

This is an action to recover damages for the wrongful death and conscious pain and suffering of the plaintiff's decedent, Maxine Winer, who died as the result of a crash of a twin-engine Cessna aircraft in the vicinity of Logan International Airport, Boston, Massachusetts, on March 2, 1972. The defendants are the personal representative of the decedent's husband, Melvin Winer (the pilot of the aircraft at the time...

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