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McELROY v. CESSNA AIRCRAFT CO.

Civ. A. Nos. 78-927, 78-1103.

506 F.Supp. 1211 (1981)

Kathryn H. McELROY, Admx. of the Estate of Thomas R. McElroy, Deceased, Plaintiff, v. CESSNA AIRCRAFT COMPANY, a corporation, and Teledyne Corporation, a corporation, Defendants and Third-Party Plaintiffs, v. SKYLINE MOTORS AVIATION SERVICE, INC., a corporation, Skyline Motors Aircargo, Inc., a corporation, Gilbert L. Dailey and Sheldon L. Kling, Third-Party Defendants. Roberta VOGAN, Admx. of the Estate of Robert Vogan, Deceased, Plaintiff, v. CESSNA AIRCRAFT COMPANY, a corporation and Teledyne Corporation, a corporation, Defendants and Third-Party Plaintiffs, v. SKYLINE MOTORS AVIATION SERVICE, INC., a corporation, Skyline Motors Aircargo, Inc., a corporation, Gilbert L. Dailey and Sheldon L. Kling, Third-Party Defendants.

United States District Court, W. D. Pennsylvania.

January 20, 1981.

Attorney(s) appearing for the Case

John R. Gavin, Oil City, Pa., for Kathryn H. McElroy.

John Alan Conte, Conway, Pa., for Roberta Vogan.

Donald W. Bebenek, Pittsburgh, Pa., for Cessna Aircraft Co.

James P. McKenna, Jr., Pittsburgh, Pa., for Gilbert L. Dailey and Sheldon L. Kling.

OPINION

ZIEGLER, District Judge.

I. History of Case

This is a diversity action for damages arising out of the crash of an airplane in Mercer County, Pennsylvania, on September 29, 1977. Jurisdiction is based on 28 U.S.C. § 1332(a) and the substantive law of Pennsylvania is controlling. Robert Vogan, the pilot, and Thomas R. McElroy died in the crash. Plaintiffs instituted these wrongful...

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