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BENNA v. REEDER FLYING SERV., INC.

Nos. 75-3828, 76-1002.

578 F.2d 269 (1978)

Helen Luella BENNA, Administratrix of the Estate of Michael Andrew Benna, Deceased, Robert Paul Penzenik, Administrator of the Estates of Cyril James Pete, Edwig Pete, Gregory Pete, and Roy Kirk, all Deceased, Gabriel Bighead, Gabriel Leo Tom, Nora C. Tom, Alec Hunt, Emily B. Hunt, Joseph Washington, Stephen B. Bogeyaktuk, Joe Coffee, Victor J. Steve, Alice C. Steve, George G. Pete, Jeanette C. Pete, Francis Johnson, Rita Johnson, Leo P. Johnson, Mamie Johnson, Vincent Martin, Alice Martin, John P. Henry, Ronna M. Henry and Herbert Alanska, Plaintiffs-Appellants, v. REEDER FLYING SERVICE, INC., Defendant-Counter-Plaintiff, and Page Airmotive, Inc., Defendant-Appellee, Helen Luella BENNA, Administratrix of the Estate of Michael Andrew Benna, Deceased, Robert Paul Penzenik, Administrator of the Estates of Cyril James Pete, Edwig Pete, Gregory Pete, and Roy Kirk, all Deceased, Gabriel Bighead, Gabriel Leo Tom, Nora C. Tom, Alec Hunt, Emily B. Hunt, Joseph Washington, Stephen B. Bogeyaktuk, Joe Coffee, Victor J. Steve, Alice C. Steve, George G. Pete, Jeanette C. Pete, Francis Johnson, Rita Johnson, Leo P. Johnson, Mamie Johnson, Vincent Martin, Alice Martin, John P. Henry, Ronna M. Henry and Herbert Alanska, Plaintiffs, v. REEDER FLYING SERVICE, INC., Defendant-Counter-Plaintiff Appellant, and Page Airmotive, Inc., Defendant-Counter-Defendant Appellee.

United States Court of Appeals, Ninth Circuit.

July 14, 1978.

Attorney(s) appearing for the Case

Harold D. Johnson (argued), Seattle, Wash., for plaintiffs-appellants.

Charles E. Tulin, Anchorage, Alaska (argued), for defendant-counter-plaintiff.

Russell Holloway, Oklahoma City., Okl. (argued), for defendant-appellee.

Before WALLACE and ANDERSON, Circuit Judges, and EAST, District Judge.

J. BLAINE ANDERSON, Circuit Judge:

On July 3, 1970, a twin-engine DC-3 aircraft owned and operated by Reeder Flying Service of Twin Falls, Idaho, crashed and burned shortly after take-off from a runway in McGrath, Alaska. The aircraft was carrying twenty-five Bureau of Land Management forest firefighters, their firefighting equipment, and a crew of two. Copilot Michael Benna and four passengers were killed; fourteen other passengers were injured.

During take...

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