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GOLDSMITH v. MARTIN MARIETTA CORPORATION

Civ. No. 12653.

211 F.Supp. 91 (1962)

Edna S. GOLDSMITH, Thomas A. Goldsmith, II, Infant by Edna S. Goldsmith, his mother and next friend, James M. De Vinne, Administrator of the Estate of Thomas R. Goldsmith, deceased, and Norbert B. Bowers, Administrator of the Estate of George M. Bowers, deceased, and E. Rosalie Tygert, individually, and as Administrator of the Estate of Donald W. Tygert, deceased; Ben J. Bowers; Patricia Keaton; William Thompson; Conger, Infant by Patricia Keaton, his mother and next friend; and Thomas C. Ward, Administrator of the Estate of William T. Conger, deceased v. MARTIN MARIETTA CORPORATION and The Bendix Corporation (a Delaware corporation).

United States District Court D. Maryland.

November 9, 1962.

Attorney(s) appearing for the Case

Daniel I. Sherry, Washington, D. C., Harvey Rosenberg and Claude B. Kahn, Bethesda, Md. (James M. De Vinne, Cleveland, Ohio, and Vilas M. Swan, Rochester, N. Y., of counsel), for plaintiffs.

Benjamin C. Howard, Baltimore, Md., for defendant Martin Marietta Corp.

Norwood B. Orrick, Baltimore, Md., for defendant Bendix Corp.

NORTHROP, District Judge.

This action arises out of the deaths of the pilot and three other crew members of a scheduled passenger airliner which, on December 1, 1959, crashed on Bald Eagle Mountain near Williamsport, Pennsylvania. The plane was an Allegheny Airlines Martin 202, No. N-174A, and all of her passengers, except one, were killed. A motion for summary judgment made on behalf of the Martin Marietta Corporation was granted on May 7, 1962, because of the plaintiffs...

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