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MOE v. AVIONS MARCEL DASSAULT-BREGUET AVIATION

Nos. 82-1256, 82-1257, 82-1258 and 82-1259.

727 F.2d 917 (1984)

Dolores E. MOE, Eric R. Moe, Kris L. Moe, and Leif A. Moe; Judy Elaine Renzelman, individually, and as conservator and next friend of Minor, Brad Allen Renzelman; Elaine L. Whistler, Paul W. Whistler, Diane Whistler Awalt; Joan Elaine Anderson, individually, and as Guardian ad litem and next friend of Minors, Elizabeth Joan Anderson and Christopher Andrew Anderson; Beverly L. Miles; and the Mountain States Telephone and Telegraph Company, a Colorado corporation, Plaintiffs-Appellants and Cross-Appellees, v. AVIONS MARCEL DASSAULT-BREGUET AVIATION, Falcon Jet Corporation, and the Garrett Corporation, Defendants-Appellees and Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

January 30, 1984.

Attorney(s) appearing for the Case

Myles J. Dolan and L.B. Ullstrom, Denver, Colo. (Robert J. Truhlar, Denver, Colo., with them on brief), for plaintiffs-appellants and cross-appellees.

W. Robert Ward, Denver, Colo. (Edward J. Godin, Denver, Colo., and Matthew J. Corrigan, New York City, with him on brief), for defendant-appellee and cross-appellant Avions Marcel Dassault-Breguet Aviation.

Ronald O. Sylling, Denver, Colo. (John W. Grund and David M. Setter, Denver, Colo., with him on brief), of Tilly & Graves, P.C., Denver, Colo., for defendant-appellee and cross-appellant Falcon Jet Corp.

Richard C. Coyle, of Perkins, Coie, Stone, Olsen & Williams, Seattle, Wash. (Keith Gerrard and Rex C. Browning of Perkins, Coie, Stone, Olsen & Williams, Seattle, Wash., with him on brief), (Edwin S. Kahn of Kelly, Haglund, Garnsey and Kahn, Denver, Colo., also with him on brief), for defendant-appellee and cross-appellant The Garrett Corp.

Before McWILLIAMS, BARRETT and McKAY, Circuit Judges.

BARRETT, Circuit Judge.

The plaintiffs-appellants appeal from a judgment entered on jury verdicts for the defendants-appellees in an action for damages for wrongful deaths, personal injuries and property damages on theories of negligence and strict product liability arising from an airplane crash near Denver, Colorado at 4:52 a.m. on April 3, 1977. Jurisdiction vests by virtue of diversity of citizenship under 28 U.S.C. § 1332. Plaintiffs claimed multiple theories...

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