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CAPPELLO v. DUNCAN AIRCRAFT SALES OF FLORIDA, INC.

No. 94-5543.

79 F.3d 1465 (1996)

Phillip R. and Edna CAPPELLO, individually and Phillip R. Cappello as Administrator of the Estate of Kirk P. Cappello, Plaintiffs-Appellants, v. DUNCAN AIRCRAFT SALES OF FLORIDA, Inc., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 27, 1996.

Attorney(s) appearing for the Case

Charles G. Walker, Baker, Donelson, Bearman & Caldwell, Memphis, TN, Maclin P. Davis, Jr. (argued and briefed), Heiskell, Donelson, Bearman, Adams, Williams & Kirsch, Nashville, TN, John Russell Heldman (briefed), Franklin, TN, for plaintiffs-appellants.

Cynthia C. Hollingsworth (argued and briefed), Virginia W. Pennington, Gardere & Wynne, Dallas, TX, for defendant-appellee.

Before: MERRITT, Chief Judge; MARTIN, Circuit Judge; SIMPSON, Chief District Judge.

MERRITT, Chief Judge.

This diversity case for wrongful death arises from an airplane crash. The parties agreed that the substantive questions in the case are governed by Tennessee law.

At 1:42 in the early morning of March 16, 1991, in fair weather, the pilot of a small "Hawker" jet chartered from the defendant flew into the side of a 3,500 mountain two minutes after taking off from a closed airport in San Diego....

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