SOLOMON v. WARREN

No. 74-2670.

540 F.2d 777 (1976)

Harold SOLOMON, as Personal Representative of the Estate of Jerome E. Levin, Deceased, and Leatrice D. Levin, his wife, Deceased, and as Guardian of the Person and Property of Ellynn Joyce Levin, Jeffrey Allan Levin and Lawrence David Levin, minors, Plaintiffs-Appellees-Cross Appellants, v. Stanley WARREN, as Executor of the Estate of Paul Warren, Deceased, and Insurance Company of North America, a Pennsylvania Corporation, Defendants-Appellants-Cross Appellees.

United States Court of Appeals, Fifth Circuit.

October 15, 1976.


Attorney(s) appearing for the Case

George O. Mitchell, Mallory H. Horton, Miami, Fla., Howard M. Neu, No. Miami, Fla., for Stanley Warren.

James S. Usich, Coral Gables, Fla., for Ins. Co. of N. America.

Spence, Payne & Masington, R.W. Payne, Jr., Robert L. Parks, Robert Orseck, Miami, Fla., James V. Dolan, Ft. Lauderdale, Fla., for Horizon Hunters.

John D. Kruse, Ft. Lauderdale, Fla., for Ranger Ins.

Before GEWIN, SIMPSON and GEE, Circuit Judges.


SIMPSON, Circuit Judge:

On July 23, 1971, a Cessna 337 Super Skymaster aircraft, piloted by Paul Warren (Warren) with his wife Dolores and Jerome E. Levin and Leatrice D. Levin (the Levins) as passengers, disappeared and was presumed lost at sea in the Caribbean on a flight from the Dr. Albert Plesman Airport, Willemstad, Curacao, Netherlands Antilles, to the Seawall International Airport, Barbados, West Indies. As a result the plaintiff-appellee, Harold Solomon,...

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