FEDERAL INS. CO. v. GATES LEARJET CORP.

No. 84-1904.

823 F.2d 383 (1987)

FEDERAL INSURANCE COMPANY, Plaintiff-Appellee, v. GATES LEARJET CORPORATION, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied September 2, 1987.


Attorney(s) appearing for the Case

Stephen P. Kenney, of Lord, Bissell & Brook, Chicago, Ill. (Hugh C. Griffin and Margie L. Petersen of Lord, Bissell & Brook, Chicago, Ill., and Richard C. Hite and Scott J. Gunderson, of Kahrs, Nelson, Fanning, Hite & Kellogg, of Wichita, Kan., with him on briefs), for defendant-appellant.

Roger W. Penner, of Dysart, Taylor, Penner & Lay, P.C., Kansas City, Mo. (Robert W. Cotter, of Dysart, Taylor, Penner & Lay, P.C., Kansas City, Mo., and N. Jack Brown, of Boddington & Brown, Kansas City, Kan., with him on briefs), for plaintiff-appellee.

Before BARRETT, ANDERSON and TACHA, Circuit Judges.


TACHA, Circuit Judge.

This diversity case arises from the crash of a jet manufactured by Gates Learjet Corporation (Gates). The crash resulted in the destruction of the aircraft and the deaths of the five occupants: the owner of the jet and his wife, a business associate of the owner, the pilot and the co-pilot. Federal Insurance Company (Federal) insured the jet for physical damage and, after paying the insured value to...

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