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HINTON v. REPUBLIC AVIATION CORPORATION

180 F.Supp. 31 (1959)

Marilynn HINTON; Marilynn Darcy Hinton, infant, by and through her Guardian ad Litem, Marilynn Hinton; Verna Daryn Hinton, an infant, by and through her Guardian ad Litem, Marilynn Hinton, Edgar Raymond Hinton, an infant, by and through his Guardian ad Litem, Marilynn Hinton, Richard E. Crumley, Pamela Rochelle Crumley, an infant, by and through her Guardian ad Litem, Richard E. Crumley, and Eric Ramon Crumley, an infant, by and through his Guardian ad Litem, Richard E. Crumley, Plaintiffs, v. REPUBLIC AVIATION CORPORATION, Defendant.

United States District Court S. D. New York.

December 14, 1959.

Attorney(s) appearing for the Case

Speiser, Quinn & O'Brien, New York City, for Plaintiffs. Robert A. Dwyer, New York City, of counsel.

Mendes & Mount, New York City, for defendant. Kenneth R. Thompson, George W. Clark, New York City, of counsel.

LEVET, District Judge.

Defendant, Republic Aviation Corporation, has moved to dismiss the second and fourth alleged causes of action set forth in the complaint upon the ground of failure to state claims upon which relief can be granted pursuant to Rule 12 (b) of the Federal Rules of Civil Procedure, 28 U.S.C.A.

The complaint involves a death action in which the plaintiffs' decedent was a passenger in an airplane allegedly produced by the defendant Republic...

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