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STATE OF MARYLAND v. CAPITAL AIRLINES, INC.

199 F.Supp. 335 (1961)

STATE OF MARYLAND, For the Use of Anne A. MITCHELL, Surviving Spouse of Berton S. Mitchell, deceased, et al., Plaintiffs, v. CAPITAL AIRLINES, INC., Vickers-Armstrongs, Limited, etc., Defendants.

United States District Court S. D. New York.

November 11, 1961.

Attorney(s) appearing for the Case

Speiser, Quinn & O'Brien, by Edward M. O'Brien, New York City, for plaintiffs, Mitchell, Smith, Brophy, Kinkade, Boatright, Potish, Gittinger, Mannix, Jackson and Reed; Jules M. Goldstein, New York City, of counsel.

Mudge, Stern, Baldwin & Todd, New York City, for plaintiff Bouchard; by Donald J. Zoeller, New York City, of counsel.

Higgins & Latto, New York City, for plaintiffs G. C. Cleary and M. D. Cleary; by John V. Higgins, New York City, of counsel.

Theodore E. Wolcott, New York City, for plaintiffs Griffith, Logan, Pollard, Weinstein and Davis.

Haight, Gardner, Poor & Havens, New York City, for defendants Vickers-Armstrongs, Limited, Vickers-Armstrongs, (Aircraft) Limited, Vickers-Armstrongs, Inc.; by William J. Junkerman, L. Anthony Zega, New York City, of counsel.

THOMAS F. MURPHY, District Judge.

These 22 actions arise out of the crash of a Viscount airplane near Chase, Maryland, in May 1959. The plane was owned and operated by Capital Airlines, Inc. (hereafter Capital) and was on a regularly scheduled flight between New York City and Atlanta, Georgia. All aboard perished. These actions for wrongful death under the laws of Maryland followed (the first of the 22 being instituted in this court in August, 1959). Jurisdiction...

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