Louis SIMON; Howard Asher; Henry F. Miller; Suzanne Peterson, Executors of the Estate of B. Kenin Hart, Deceased, Appellant
v.
UNITED STATES of America (D.C. Civil No. 01-cv-05671)
Mary Schalliol, as Personal Representative of the Estate of Dennis Schalliol, Deceased
v.
John Fare, Jr., as Personal Representative of the Estate of John Fare; Hart Delaware Corporation; United States of America
Mary Schalliol, Appellant in 02-3996
John Fare, Jr., Appellant in 02-3997 (D.C. Civil No. 01-cv-00224).
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued June 23, 2003.
Filed August 20, 2003.
Attorney(s) appearing for the Case
Arthur G. Raynes, Stephen E. Raynes, Raynes, McCarty, Binder, Ross & Mundy, Philadelphia, PA, Aaron S. Podhurst, Joel S. Perwin (Argued), Michael Olin, Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., Miami, FL, for Appellants Louis Simon, Howard Asher, Henry F. Miller, and Suzanne Peterson, Executors of the Estate of B. Kenin Hart, Deceased in 02-2945.
Robert D. McCallum, Jr., Assistant Attorney General, Jeffrey S. Bucholtz, Deputy Assistant Attorney General, Patrick L. Meehan, United States Attorney, Terence M. Healy, Victor M. Lawrence, Rodney Patton (Argued), Trial Attorneys, Torts Branch, Civil Division, U.S. Department of Justice, Washington, DC, for Appellee United States.
Harry A. Wilson, Jr. (Argued), D. Bruce Kehoe, Wilson Kehoe and Winingham, Indianapolis, IN, Daniel S. Weinstock, Feidman Shepherd Wohlgelernter Tanner, Philadelphia, PA, for Appellant Mary Schalliol in 02-3996.
J. Arthur Mozley (Argued), Mozley, Finlayson & Loggins, LLP, Atlanta, GA, for Appellee Hart Corporation/Delaware Division in 02-3996 & 02-3997.
Joseph M. Lamonaca, Chadds Ford, PA, for John Fare, Jr., Appellee in 02-3996 & Appellant in 02-3997.
Before SLOVITER, AMBRO, and BECKER, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
BECKER, Circuit Judge.
The threshold question presented by this interlocutory appeal, 28 U.S.C. § 1292(b), is whether Indiana's or Pennsylvania's choice-of-law rules govern a suit against the United States by the estates of passengers killed in the crash of a small private aircraft. Two of the decedents lived in Pennsylvania, another worked in Pennsylvania, the plane was hangared in Pennsylvania, and the corporation that owned it...
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