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MYELLE v. AMERICAN CYANAMID CO.

No. 94-1634.

57 F.3d 411 (1995)

Adeline McFarland MYELLE, individually and as administratrix of the Estate of Leonard Myelle, deceased; Elizabeth Myelle; Kimberly Ann McFarland; Phyllis McFarland Rinfrette; Michelle McFarland, Plaintiffs-Appellants, v. AMERICAN CYANAMID COMPANY; Southeastern Boll Weevil Eradication Foundation, Incorporated; Don McNeil's Flying Service, a/k/a Don's Flying Service; South Carolina Elect; Don McNeil, individually; Linda McNeil, individually; Scana Corporation, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 21, 1995.

Attorney(s) appearing for the Case

ARGUED: John Stone Bagby, Jr., Bagby & Associates, Philadelphia, PA, for appellants. Robert L. White, White, Tucker & Cleaves, P.A., Memphis, TN, for appellees. ON BRIEF: Robert A. Tucker, White, Tucker & Cleaves, P.A., Memphis, TN, and John F. Beach, Columbia, SC, for appellee Foundation; Thomas R. Gottshall, Sinkler & Boyd, P.A., Columbia, SC, for appellee American Cyanamid; George C. Kosko, Law Offices of George C. Kosko, P.A., Pawley's Island, SC, for appellee McNeil's.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation, and LUTTIG and MICHAEL, Circuit Judges.

Affirmed by published opinion. Judge LUTTIG wrote the majority opinion, in which Justice POWELL joined. Judge MICHAEL wrote a dissenting opinion.

OPINION

LUTTIG, Circuit Judge:

Leonard Myelle, a resident of Pennsylvania, died in a plane crash in South Carolina in September 1990, while he was engaged in cotton crop dusting as part of a campaign to eradicate boll weevils. His wife, the appellant Adeline Myelle, brought an action alleging wrongful death...

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