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BERNER v. BRITISH COMMONWEALTH PACIFIC AIRLINES, LTD.

230 F.Supp. 240 (1964)

T. Roland BERNER and Arthur S. Lesser, Executors of the Estate of William Kapell, deceased, Plaintiffs, v. BRITISH COMMONWEALTH PACIFIC AIRLINES, LTD., a Foreign Corp., and British Commonwealth Pacific Airlines, Ltd., now doing business as Qantas Empire Aviation, Ltd., a Foreign Corp., Defendants.

United States District Court S. D. New York.

April 23, 1964.

Attorney(s) appearing for the Case

T. Roland Berner, Gair & Gair, New York City, Harry A. Gair and Robert Conason, New York City, of counsel, for plaintiffs.

Condon & Forsyth, New York City, George N. Tompkins, Jr., Austin P. Magner, New York City, of counsel, for defendants.

McLEAN, District Judge.

This is an action by the executors of William Kapell to recover damages for his death, which occurred on October 29, 1953 in California as a result of the crash of an airplane operated by defendant British Commonwealth Pacific Airlines, Ltd., in which Kapell was a passenger.1 On June 28, 1963 Judge Ritter directed a verdict for plaintiffs on the issue of liability (219 F.Supp. 289<...

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