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GEE v. FEDERAL EXP. CORP.

Nos. 81-5892, 81-5899.

710 F.2d 1181 (1983)

Randall S. GEE, Plaintiff-Appellee and Cross-Appellant, v. FEDERAL EXPRESS CORPORATION, et al., Defendants-Appellants and Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 24, 1983.

Rehearing Denied July 27, 1983.

Attorney(s) appearing for the Case

Louis F. Allen (argued), Louis Jay Miller, Waring, Cox, Sklar, Allen, Chafetz & Watson, Memphis, Tenn., for Federal Exp. Corp.

Jere Fones (argued), J. Heiskell Weatherford, Memphis, Tenn., for Randall S. Gee.

Before MARTIN and CONTIE, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

PHILLIPS, Senior Circuit Judge.

I

On October 13, 1979, Randall S. Gee was pilot in command of a loaded Federal Express Falcon cargo jet aircraft flying from Memphis, Tennessee, to Erie, Pennsylvania, with intermediate stops in Columbus and Cleveland, Ohio. First Officer Luana Davis was the only other crewmember on board.

In the climbout from the takeoff from Cleveland to cruising altitude to Erie, at approximately 14,000 to 16,000 feet, Captain ...

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