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PRENTISS v. NATIONAL AIRLINES

Civ. A. Nos. 758-52, 767-52.

112 F.Supp. 306 (1953)

PRENTISS et al. v. NATIONAL AIRLINES, Inc. GIZZI et al. v. AMERICAN AIRLINES, Inc.

United States District Court D. New Jersey.

May 13, 1953.

Attorney(s) appearing for the Case

David Green, Newark, N. J., Abraham I. Harkavy, Newark, N. J., of counsel, for plaintiffs Prentiss et al.

Harry Wolf, Elizabeth, N. J., for plaintiffs Gizzi et al.

Shanley, Congleton & Fisher, Newark, N. J., Richard J. Congleton, Newark, N. J., of counsel, for defendants National Airlines, Inc., et al.

Before MODARELLI and HARTSHORNE, District Judges.

HARTSHORNE, District Judge.

The crux of this case, or rather of the series of similar cases considered together by this Court, by agreement of counsel,1 is the constitutionality of the material provisions of the New Jersey aviation statute. N.J.S.A. 6:2-7, as enacted in 1929, and re-enacted in 1946.2

As a result of the three airplane crashes December 16, 1951, January 22, 1952 and February 11, 1952...

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