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SPELAR v. AMERICAN OVERSEAS AIRLINES

Civ. 41-326.

80 F.Supp. 344 (1947)

SPELAR v. AMERICAN OVERSEAS AIRLINES, Inc.

United States District Court S. D. New York.

November 20, 1947.

Attorney(s) appearing for the Case

Gerald F. Finley, of New York City (Gerald F. Finley and Arnold B. Elkind, both of New York City, of counsel), for plaintiff.

Caverly, Dimond, Dwyer & Lawler, of New York City, for defendant.

COXE, District Judge.

This is a motion by the plaintiff to strike out the first separate defense of the defendant's amended answer for legal insufficiency. The defense is pleaded as a complete defense to the action.

The action is for damages for alleged wrongful death of Mark Spelar, plaintiff's intestate, who lost his life in an airplane accident near Stephenville, Newfoundland, on October 3, 1946, when a Douglas DC 4 passenger plane, No. NC 90904, on which...

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