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NORTHWESTERN FLYERS, INC. v. OLSON BROS. MFG. CO.

Nos. 81-1557, 81-1570 and 81-1614.

679 F.2d 1264 (1982)

NORTHWESTERN FLYERS, INC., Debtor, Appellant, Edward F. Samore, Trustee, and Cessna Finance Corporation, a corporation, Appellant, v. OLSON BROS. MFG. CO., INC., United States Fire Insurance Company, Aviation Office of America Incorporated, Commercial Credit Equipment Corp., All Foreign Corporations, Appellees. NORTHWESTERN FLYERS, INC., Debtor, Appellee, Edward F. Samore, Trustee, and Cessna Finance Corporation, a corporation, Appellee, v. OLSON BROS. MFG. CO., INC. United States Fire Insurance Company, Appellant, Aviation Office of America, Incorporated, Appellant, Commercial Credit Equipment Corp., All Foreign Corporations. NORTHWESTERN FLYERS, INC., Debtor, Appellee, Edward F. Samore, Trustee, and Cessna Finance Corporation, a corporation, Appellee, v. OLSON BROS. MFG. CO., INC., Appellant, United States Fire Insurance Company; Aviation Office of America, Incorporated, Appellees. Commercial Credit Equipment Corp., All Foreign Corporations.

United States Court of Appeals, Eighth Circuit.

Decided June 17, 1982.

Attorney(s) appearing for the Case

Steven A. Carter, Sioux City, Iowa, for appellants Northwestern Flyers, Inc. and Cessna Finance Corp.

Craig A. Raby, Sioux City, Iowa, for appellee Commercial Credit Equipment Co.

James E. Cooling, Peter T. Tasheff, Martin M. Montemore, Happy, Cooling & Herbers, P. C., Kansas City, Mo., for Olson Bros. Manufacturing Co., appellee/cross appellant.

William A. Richter, J. Reed Johnston, Jr., St. Louis, Mo., for appellees/cross-appellants, Aviation Office of America and United States Fire Insurance Co.; Peper, Martin, Jensen, Maichel & Hetlage, St. Louis, Mo., of counsel.

Before HEANEY and BRIGHT, Circuit Judges, and HENLEY, Senior Circuit Judge.

BRIGHT, Circuit Judge.

These controversies arise from the crash and destruction of a new Cessna airplane. At the time of the crash, the buyer, Olson Brothers Manufacturing Company (Olson Brothers), had taken delivery of the airplane but had not fully paid for it. As a result, the seller, Northwestern Flyers, Inc. (Northwestern Flyers), and its financing agent, Cessna Finance Corporation (Cessna Finance), instituted this action against Olson Brothers and its financing...

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