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ANDERSON v. BRITISH OVERSEAS AIRWAYS CORP.

149 F.Supp. 68 (1956)

Constance P. ANDERSON, individually and as Administratrix of the Estate of Clyde L. Anderson, deceased, and as mother, next friend, guardian and trustee of and for Mary Lou Anderson, Clyde Thomas Anderson, Lynne Anderson, Christian A. Anderson, Anne Anderson, Elaine Anderson, Fay Anderson and Jerome Anderson, infants, Plaintiff, v. BRITISH OVERSEAS AIRWAYS CORP., South African Airways and The de Haviland Aircraft Co., Ltd., Defendants.

United States District Court S. D. New York.

April 26, 1956.

Attorney(s) appearing for the Case

Theodore E. Wolcott, New York City, for plaintiffs.

Haight, Gardner, Poor & Havens, New York City, for defendant de Havilland Aircraft Co., Limited. Douglas B. Bowring, New York City, of counsel.

PALMIERI, District Judge.

This is an action for wrongful death. The decedent, a citizen of Utah at the time of his death, was a passenger on a de Havilland Comet transport plane on April 8, 1954, when it exploded over the Mediterranean Sea. Defendant The de Havilland Aircraft Co., Ltd. (de Havilland), manufacturer of the plane, moves pursuant to Rule 12(b), Fed. Rules Civ.Proc., 28 U.S.C., to quash service of process and dismiss the case against it on the ground that...

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