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CAMPBELL v. KEYSTONE AERIAL SURVEYS, INC.

No. 96-21082.

138 F.3d 996 (1998)

Melva CAMPBELL, Individually and as the Natural Mother and Next Friend of Marisol Campbell, Vanessa Campbell, Thomas Campbell, Penelope Campbell, and Nakita Campbell, minors; and as personal representative of the Estate of Thomas Campbell; Marisol Campbell; Vanessa Campbell; Thomas Campbell; Nakita Campbell; Penelope Campbell, Plaintiffs-Appellants/Cross-Appellees, v. KEYSTONE AERIAL SURVEYS, INCORPORATED; et al., Defendants, Keystone Aerial Surveys, Incorporated, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 19, 1998.

Attorney(s) appearing for the Case

George M. Fleming, Daniel James Petroski, Jr., Houston, TX, for the Campbells.

Darlene Payne Smith, Houston, TX, for Vanessa, Nakita and Penelope Campbell.

Cynthia C. Hollingsworth, Martin E. Rose, Kathleen M. Goodman, Gardere & Wynne, L.L.P., Dallas, TX, for Keystone Aerial Surveys, Inc.

Before REYNALDO G. GARZA, KING and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

On May 28, 1994, a Cessna 320E airplane crashed into the wall of a canyon near Battle Mountain, Nevada. Steve Fish, the pilot, and Thomas Campbell were killed in the accident. The pilot was employed by Keystone Aerial Surveys, Inc. ("Keystone"), and Campbell was conducting aerial magnetic surveys for Keystone. This appeal arises out of a wrongful death and survival action brought by Melva Campbell, Thomas Campbell's widow, and his five children...

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