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NAPOLITANO v. CRAIN

Civ. A. Nos. 2761, 2827.

299 F.Supp. 427 (1968)

Ernest NAPOLITANO v. Kenneth H. CRAIN and Leon L. Randlett. Ernest NAPOLITANO v. NORTHEAST AIRLINES, INC.

United States District Court D. New Hampshire.

October 28, 1968.

Attorney(s) appearing for the Case

James J. Kalled, Wolfeboro, N. H., and James S. Yakovakis, Wadleigh, Starr, Peters, Dunn & Kohls, Manchester, N. H., for Ernest Napolitano.

Charles F. Hartnett, Hartnett & Moher, Dover, N. H., Bernard I. Snierson, Snierson & Chandler, Laconia, N. H., for Kenneth H. Crain and Leon L. Randlett.

John F. Cullity, Sheehan, Phinney, Bass & Green, Manchester, N. H., for Northeast Airlines, Inc.

ORDER ON DEFENDANT NORTHEAST AIRLINES, INC.'S MOTION TO DISMISS

BOWNES, District Judge.

The motion to dismiss is granted.

In rendering its decision, the Court assumes that the complaint, as amended, is true except as to Paragraph 3 of the amendment filed September 18, 1968, which reads as follows:

That Northeast Airlines, to complete its contract of carriage chose a motor vehicle common carrier...

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