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BERGUIDO v. EASTERN AIR LINES, INCORPORATED

No. 14060.

317 F.2d 628 (1963)

Marion J. BERGUIDO, Individually et al., v. EASTERN AIR LINES, INCORPORATED, Appellant.

United States Court of Appeals Third Circuit.

Decided March 25, 1963.

Rehearing Denied May 28, 1963.

Attorney(s) appearing for the Case

Frederick B. Lacey, Shanley & Fisher, Newark, N. J. (Rawle & Henderson, Michael van Beuren, Philadelphia, Pa., Daniel L. Stonebridge, New York City, Robert E. Jones, J. Welles Henderson, Jr., Philadelphia, Pa., on the brief), for appellant.

B. Nathaniel Richter, Philadelphia, Pa. (Frank F. Truscott, Truscott, Kline, O'Neill & Howson, Charles A. Lord, Seymour I. Toll, Arthur G. Raynes, Richter, Levy, Lord, Toll & Cavanaugh, Philadelphia, Pa., on the brief), for appellees.

Before BIGGS, Chief Judge, and McLAUGHLIN, Circuit Judge, and SHERIDAN, District Judge.

McLAUGHLIN, Circuit Judge.

This is a wrongful death action brought, individually and as executors of the estate of the deceased, Carlos Berguido, Jr., against Eastern Air Lines. Decedent was a passenger for hire on an Eastern Constellation that crashed near Imeson Airport, Jacksonville, Florida in the early morning hours of December 21, 1955.

In giving the case to the jury, the trial court ruled that the rights of the parties were governed by the treaty known...

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