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SIEGEL v. BRANIFF AIRWAYS INCORPORATED

204 F.Supp. 861 (1960)

Hilda SIEGEL, individually and on behalf of Barry Alan Siegel and Louis Carole Siegel, infants, and Paula Lee Siegel, Plaintiffs, v. BRANIFF AIRWAYS INCORPORATED, Lockheed Aircraft Corporation and General Motors Corporation, Defendants.

United States District Court S. D. New York.

March 29, 1960.

Attorney(s) appearing for the Case

Harry H. Lipsig, New York City, for plaintiffs. Speiser, Quinn & O'Brien, by Robert A. Dwyer, New York City, of counsel.

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

LEVET, District Judge.

The defendant Lockheed Aircraft Corporation (hereinafter designated as "Lockheed") has moved pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. for an order dismissing the second and fifth alleged causes of action in the complaint for failure to state claims upon which relief can be granted. The question involved is whether these claims, which are predicated upon breach of implied warrant of quality and fitness, must...

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