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KAPPELMANN v. DELTA AIR LINES, INC.

No. 75-1830.

539 F.2d 165 (1976)

Arthur C. KAPPELMANN et al., Appellants, v. DELTA AIR LINES, INC., a corporation, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided April 16, 1976.

Rehearing Denied July 12, 1976.

Attorney(s) appearing for the Case

Landon Gerald Dowdey, Washington, D. C., with whom Laurence Sarezky and Lois Goodman, Washington, D. C., were on the brief for appellants.

Robert Reed Gray, Washington, D. C., with whom John E. Gillick, Jr., Washington, D. C., was on the brief for appellee, Delta Air Lines, Inc.

Mary Elizabeth Medaglia, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry and Paul M. Tschirhart, Asst. U. S. Attys., Washington, D. C., were on the brief for Federal appellees.

Before LEVENTHAL and MacKINNON, Circuit Judges, and McMILLAN, United States District Judge for the Western District of North Carolina.

Opinion for the court filed by Circuit Judge MacKINNON.

MacKINNON, Circuit Judge:

This case grows out of the possible exposure of appellant Arthur C. Kappelmann to radiation leaking from an improperly shielded container that was carried in the cargo section of a commercial airliner on which appellant traveled from Washington, D.C. to Atlanta, Georgia on April 5, 1974.1 Although Mr. Kappelmann was apparently unaware of the radiation...

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