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WINBOURNE v. EASTERN AIRLINES, INC.

No. 83-3109.

758 F.2d 1016 (1984)

Ernest Glenn WINBOURNE, Plaintiff-Appellee, v. EASTERN AIRLINES, INC., Defendant-Third Party-Plaintiff Appellant, United States of America, Third Party Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 9, 1984.

Attorney(s) appearing for the Case

Deutsch, Kerrigan & Stiles, Francis G. Weller, Marc J. Yellin, New Orleans, La., for Eastern Airlines.

Tara C. Neda, Dept. of Justice, Aviation and Admiralty Section, Washington, D.C., for U.S.A.

Perez, Fernandez, Seemann & Egan, Manuel Fernandez, Chalmette, La., Frederick Seemann, Lafayette, La., for plaintiff-appellee.

Before REAVLEY, JOHNSON and JOLLY, Circuit Judges.

PER CURIAM:

The wife and two daughters of Ernest Glenn Winbourne died in the crash of an Eastern Air Lines plane in 1975. Liability is conceded by Eastern and by the United States, the employer of air traffic controllers assumed to have been negligent. The district court awarded total damages of $1,010,610.24. Of this, Eastern's liability is limited to $225,000 under terms of the Warsaw Convention and the Montreal Agreement. The United States' liability is therefore...

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