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GOLDSMITH v. LEARJET, INC.

No. 94-3351.

90 F.3d 1490 (1996)

Adam GOLDSMITH, Julie Beth Goldsmith, Henry Josh Goldsmith, a Minor, By His Mother, Natural Guardian and Next Friend, Beth Goldsmith, and Beth Goldsmith, Individually, the Heirs-at-Law of Harold Goldsmith, Deceased; and Beth Goldsmith, Alan Berkowitz and Neil Ambach, Personal Representatives of the Estate of Harold Goldsmith, Deceased, Plaintiffs-Appellants, v. LEARJET, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied September 9, 1996.

Attorney(s) appearing for the Case

Marc S. Moeller of Kreindler & Kreindler, New York City (David L. Fiol of Kreindler & Kreindler, New York City and Derek S. Casey of Michaud, Hutton, Fisher & Andersen, Wichita, KS, with him, on the briefs), for Plaintiffs-Appellants.

Michael Lloyd Hutchinson of Treece, Alfrey & Musat, Denver, CO (L. Richard Musat of Treece, Alfrey & Musat, Denver, CO, Edwin W. Green of Bronson, Bronson & McKinnon, Los Angeles, CA, and Manuel Saldana of Bronson, Bronson & McKinnon, Los Angeles, CA, with him, on the brief), for Defendant-Appellee.

Before EBEL and LOGAN, Circuit Judges, and HOLMES, District Judge.

EBEL, Circuit Judge.

Defendant Learjet built an aircraft which crashed during an instrument approach to a landing field near Aspen, Colorado, killing everyone aboard, including Harold Goldsmith. Plaintiffs, relatives of Harold Goldsmith and representatives of the Harold Goldsmith estate, filed this action in the United States District Court for the District of Kansas, seeking wrongful death and survival damages against Learjet. The district court granted Learjet's...

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