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ALLEGHENY AIRLINES, INC. v. FORTH CORP.

No. 80-2598.

663 F.2d 751 (1981)

ALLEGHENY AIRLINES, INC., Plaintiff Judgment-Creditor Appellant, v. FORTH CORPORATION and John R. Barney, Jr., Administrator of the Estate of Robert W. Carey, Deceased, Defendants Judgment-Debtors, and Insurance Company of North America and Employers Mutual Liability Insurance Company of Wisconsin, Garnishee Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 9, 1981.

Attorney(s) appearing for the Case

Walter E. Rutherford, Haight, Gardner, Poor & Havens, New York City, for plaintiff judgment-creditor appellant.

Arthur P. Kalleres, Indianapolis, Ind., Michael R. Gallagher, Cleveland, Ohio, for garnishee defendants-appellees.

Before SWYGERT and FAIRCHILD, Senior Circuit Judges, and THOMAS, Senior District Judge.

DANIEL HOLCOMBE THOMAS, Senior District Judge.

The underlying case arose from a collision which occurred over Fairland, Indiana on September 9, 1969, between an Allegheny Airlines DC-9 commercial aircraft (registry Number N-988VJ) and a Piper Cherokee general aviation aircraft (Registry Number N-7374J) piloted by Robert W. Carey and owned by Forth Corporation. Both aircraft were totally destroyed in the collision and all...

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