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HURLEY v. BEECH AIRCRAFT CORPORATION

No. 15065.

355 F.2d 517 (1966)

John R. HURLEY, and The Merchants National Bank of Muncie, Co-Executors of the Estate of Anson G. Hurley, Deceased, John R. Hurley, Special Administrator of the Estate of Shirley P. Hurley, Deceased, W. Gale Pheneger and The Merchants National Bank of Muncie, Co-Administrators of the Estate of Inez Elizabeth Hurley, Deceased, Plaintiffs-Appellants, v. BEECH AIRCRAFT CORPORATION, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied February 28, 1966.

Attorney(s) appearing for the Case

James J. Stewart, Indianapolis, Ind., William F. Radcliff, Muncie, Ind., Terence L. Eads, Murray, Stewart, Irwin & Gilliom, Indianapolis, Ind., Bracken, Defur, Voran & Hanley, Muncie, Ind., for appellants.

Erle A. Kightlinger, Indianapolis, Ind., Harry A. Wilson, Jr., Howard J. DeTrude, Jr., Indianapolis, Ind., Armstrong, Gause, Hudson & Kightlinger, Indianapolis, Ind., of counsel, for appellee.

Before HASTINGS, Chief Judge, and KNOCH and KILEY, Circuit Judges.

(En Banc).

HASTINGS, Chief Judge.

This is an appeal by plaintiffs1 from the judgment of the district court resulting from the dismissal of count 1 of plaintiffs' complaint against Beech Aircraft Corporation.

Plaintiffs' complaint alleged in count I that on April 17, 1961, Dr. Anson G. Hurley, a qualified and licensed pilot, purchased from a dealer of Beech Aircraft a Beech "Bonanza" airplane, which airplane was expressly...

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