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CANNON v. METCALFE

No. CIV-2-76-143.

458 F.Supp. 843 (1977)

Evelyn C. CANNON, etc., Plaintiff, v. Thomas O. METCALFE, Jr., etc., et al., Defendants. Thomas O. METCALFE, Jr., etc., Third-Party Plaintiff, v. APPALACHIAN FLYING SERVICE, INC., et al., Third-Party Defendants.

United States District Court, E. D. Tennessee, Northeastern Division.

July 8, 1977.

Attorney(s) appearing for the Case

Paul Hogan, J. D. Lee, J. D. Lee Law Offices, Madisonville, Tenn., Slaughter, Jackson, Cooper & Watson, Bristol, Tenn., for plaintiffs.

M. Lacy West, Kingsport, Tenn., for Thomas O. Metcalfe, Jr. & Sealy Mattress Co.

Ray Moseley, Chattanooga, Tenn., for Teledyne-Continental, Inc.

R. Hunter Cagle, Knoxville, Tenn., for Cessna Aircraft.

J. Paul Coleman, Johnson City, Tenn., for Cardinal Aviation.

Robert R. Campbell, Knoxville, Tenn., for Bendix Corp.

Paul R. Leitner, Chattanooga, Tenn., for Raleigh-Durham.

McAfee Lee, Knoxville, Tenn., for Appalachian Flying.

Samuel R. Anderson, Chattanooga, Tenn., R. M. Kern, Santa Monica, Cal., Matlack, Foote, Scott, Joseph & Wilkinson, P. A., Wichita, Kan., for United Instruments.

MEMORANDA OPINIONS AND ORDERS

NEESE, District Judge.

This is a civil action seeking compensatory and punitive damages for the wrongful death of the plaintiff's decedent. 28 U.S.C. § 1332(a)(1), (c). The defendant United Instruments Corporation (United) moved for a dismissal hereof as to it for lack of the Court's jurisdiction of its person, improper venue, insufficiency of service of process, and ostensibly for the plaintiff's failure to state a claim...

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