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BANAKUS v. UNITED AIRCRAFT CORPORATION

No. 68 Civ. 41.

290 F.Supp. 259 (1968)

Elizabeth M. BANAKUS, as Administratrix of the Estate of Anthony J. Banakus, Deceased; Daniel Donnelly, as Administrator C.T.A. of the Estate of William J. Garin, Deceased; and Yachim G. Holochuck, Plaintiffs, v. UNITED AIRCRAFT CORPORATION, Defendant.

United States District Court S. D. New York.

September 23, 1968.

Attorney(s) appearing for the Case

Kreindler & Kreindler, New York City, for plaintiffs.

Mendes & Mount, New York City, for defendant.

MANSFIELD, District Judge.

In this diversity suit for personal injuries arising out of an airplane crash which occurred in January 1966 in Pennsylvania, suit was commenced on January 4, 1968, on behalf of Yachim G. Holochuck, a Massachusetts resident, claiming damages for personal injuries suffered as a result of defendant's alleged negligence and breach of warranty. On the day when the action was commenced Holochuck, unbeknownst to his counsel, died. On May 16, 1968...

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