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MOMEN v. U.S.

No. 94CV654.

946 F.Supp. 196 (1996)

Mohammad MOMEN and Ishrat Momen, Plaintiffs, v. UNITED STATES of America; USAir, Inc.; USAir Group, Inc.; U.S. Air Express Co., Inc.; Champlain Enterprises, Inc., d/b/a CommutAir; and Beech Aircraft Company, Defendants.

United States District Court, N.D. New York.

December 3, 1996.

Attorney(s) appearing for the Case

Baum, Hedlund Law Firm, Los Angeles, CA (Paul J. Hedlund, of counsel), for plaintiff.

U.S. Department of Justice Torts Branch, Civil Division, Washington, DC (Steven J. Riegel, of counsel), for U.S.

Kroll & Tract, New York City (William C. Brown, of counsel), for defendants USAir, USAir Group and U.S. Air Express Co.

Stafford, Trombley Law Firm, Plattsburgh, NY (William L. Owens, of counsel), for defendant Champlain Enterprises.

Roemer, Wallens & Mineaux, LLP, Albany, NY (Matthew J. Kelly, of counsel), for defendant Beech Aircraft Corp.

MEMORANDUM-DECISION & ORDER

McAVOY, Chief Judge.

I. BACKGROUND

This case arises from the crash of CommutAir Flight 4821. Flight 4821 was a regularly scheduled commercial flight from Plattsburgh, New York to Newark, New Jersey. On January 3, 1992, the aircraft was on approach to Adirondack Airport's runway 23 in Saranac Lake, New York. At about 5:48 a.m., the Beech 1900C aircraft struck Blue Hill Mountain approximately 4.3 miles short of the...

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