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VORHEES v. NAPER AERO CLUB, INC.

No. 00-2545.

272 F.3d 398 (2001)

Charles M. VORHEES, as Executor of the Last Will and Testament of Helen Brach, a person presumed dead, Plaintiff-Appellant, v. NAPER AERO CLUB, INC., an Illinois Not-for-Profit Corp.; Naperville Flying Club, Inc., an Illinois Not-for-Profit Corp.; Business Men's Flying Club, Inc., an Illinois Not-for-Profit Corp., et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 9, 2001.

Attorney(s) appearing for the Case

Edward V. Donovan, Jr.(argued), Henehan, Donovan & Isaacson, Chicago, IL, for Plaintiff-Appellant.

Alan L. Farkas (argued), Madsen, Farkas & Powen, Chicago, IL, for Defendants-Appellees.

Mark S. Davies, Dept. of Justice, Civ. Div., App. Sec., Washington, DC, for Amicus Curiae.

Before WOOD, JR., MANION, and DIANE P. WOOD, Circuit Judges.

DIANE P. WOOD, Circuit Judge.

Plaintiff Charles M. Vorhees is the executor of the estate of Helen Brach. The Brach estate owns an undivided, one-half interest in a 312-acre farm (the Farm) located in unincorporated DuPage County, Illinois, adjacent to the cities of Naperville and Aurora. Defendant Naper Aero Club, Inc. (Naper Aero) is a not-for-profit flying club that operates a small private airport (the Airport), adjacent to the southern boundary of the Farm. The...

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