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KUTNER v. EASTERN AIRLINES, INC.

Civ. A. No. 79-2254.

514 F.Supp. 553 (1981)

Jules KUTNER and Todd Berger, Andrew Berger and H. Tony Berger, minors, by Carol Berger, individually and in her own right v. EASTERN AIRLINES, INC.

United States District Court, E. D. Pennsylvania.

May 20, 1981.

Attorney(s) appearing for the Case

Wilbur Greenberg, Sidkoff, Pincus, Greenberg & Green, P. C., Philadelphia, Pa., for plaintiff.

James K. Brengle, Duane, Morris & Heckscher, Philadelphia, Pa., for defendant.

MEMORANDUM AND OPINION

RAYMOND J. BRODERICK, District Judge.

The defendant has filed a motion for summary judgment. This action was brought under the Federal Aviation Act of 1958, § 404(a), (b), 49 U.S.C. § 1374(a), (b), and state tort and contract law. The plaintiffs, Jules Kutner, his daughter, Carol Berger, and her three sons, were passengers on defendant Eastern Airlines' Flight 38F on February 21, 1979. The flight was scheduled to depart from...

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