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AM. STATES INS. CO. v. BYERLY AVIATION, INC.

No. 78-1115.

456 F.Supp. 967 (1978)

AMERICAN STATES INSURANCE COMPANY, an Indiana Corporation, Plaintiff, v. BYERLY AVIATION, INC., N 2131 U, Inc., F. C. McLaughlin, Jean McLaughlin, Robert Tudor, Debra L. Martin, Administrator of the Estate of Kedric Martin, Richard Wilkinson, Michael Nichols, Michael Schlerich, Robert Knight and Carol Magnuson, Administrator of the Estate of Dale Magnuson, Deceased, Defendants.

United States District Court, S. D. Illinois, N. D.

September 7, 1978.

Attorney(s) appearing for the Case

Don W. Fowler, Lord, Bissell & Brook, Chicago, Ill., R. Michael Henderson, Peoria, Ill., for plaintiff.

Frederick W. Allen, William L. Blake, William J. Voelker, Jr., Peoria, Ill., David L. Drake, Springfield, Ill., for defendants.

DECISION AND ORDER ON MOTIONS FOR JUDGMENT ON PLEADINGS

ROBERT D. MORGAN, Chief Judge.

Plaintiff (American States) seeks a declaratory judgment that its aircraft liability policy number CA-F-0132 does not cover liability arising out of a helicopter crash which occurred on April 2, 1977, in which the Martin and Magnuson decedents were killed. Martin was instructing Magnuson on a teaching flight when the rotor...

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