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UPCHURCH v. PIPER AIRCRAFT CORP.

No. 83-2186.

736 F.2d 439 (1984)

Debra Lee UPCHURCH, etc., et al., Appellants, v. PIPER AIRCRAFT CORPORATION, etc., et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 22, 1984.

Attorney(s) appearing for the Case

Woods, Fuller, Shultz & Smith, P.C. and Gary P. Thimsen, Sioux Falls, S.D., for appellee Thorson Aviation, Inc.

Lawrence L. Piersol, Monte R. Walz, Davenport, Evans, Hurwitz & Smith, Sioux Falls, S.D., for appellee Piper Aircraft.

Buck, Merritt & Hoyt, Oklahoma City, Okl., Michael H. Dow, Local Counsel, Swanson, Carter & Dow, Sioux Falls, S.D., for appellants.

Before HEANEY, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and ARNOLD, Circuit Judge.

ARNOLD, Circuit Judge.

Appellants, survivors of victims of a plane crash that occurred in Iowa in 1980, appeal the District Court's1 dismissal of their complaint against Thorson Aviation and the manufacturer of the aircraft, Piper Aircraft Corporation. The District Court dismissed the complaint because it was duplicative of a complaint filed earlier by appellants against the same defendants in the Northern District of Iowa. Appellants...

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