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HERSCH v. UNITED STATES

Nos. 81-3544, 81-3545.

719 F.2d 873 (1983)

Henry HERSCH, et al., Plaintiffs-Appellants, v. UNITED STATES of America and Rockwell International Corporation, Defendants-Appellees. INSURANCE CO. OF NORTH AMERICA, Plaintiff-Appellant, v. UNITED STATES of America and Rockwell International Corporation, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 20, 1983.

Attorney(s) appearing for the Case

Ralph F. Mitchell, Rendigs, Fry, Kiely & Dennis, Cincinnati, Ohio, Daniel C. Cathcart, argued, Magana, Cathcart, McCarthy & Pierry, Los Angeles, Cal., for plaintiffs-appellants.

James Q. Doran, Cincinnati, Ohio, Christopher K. Barnes, Asst. U.S. Atty., Nicholas J. Pantel, Cincinnati, Ohio, Barbara O'Malley, argued, Civ. Div., Torts Branch, U.S. Dept. of Justice, Washington, D.C., Michael R. Gallagher, Alton Stephens, argued, Gallagher, Sharp, Fulton, Norman & Mollison, Cleveland, Ohio, for defendants-appellees.

Before KEITH and KRUPANSKY, Circuit Judges, and HORTON, District Judge.

KRUPANSKY, Circuit Judge.

These are consolidated appeals from three cases tried together in the United States District Court for the Southern District of Ohio. Following presentation of the plaintiffs' case, the lower court granted an involuntary dismissal in favor of defendant United States and also a directed verdict in favor of defendant Rockwell International Corporation (Rockwell).

These actions arise out of the crash of a private airplane on February...

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