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VESS v. GARDNER

Civ. A. No. 3438.

301 F.Supp. 505 (1968)

Kyle K. VESS and Dr. David A. McCoy, D/B/A Aeronaut Air Service, Plaintiffs, v. David M. GARDNER, Defendant-Cross Plaintiff, v. McCOY FLYING SERVICE, INC., Third-Party Defendant.

United States District Court S. D. Mississippi, S. D.

August 6, 1968.

Attorney(s) appearing for the Case

David Cottrell, Jr., Gulfport, Miss., for plaintiff.

Walter L. Nixon, Jr., Clyde Hurlbert, Biloxi, Miss., Boyce Holleman, Gulfport, Miss., for defendant.

Thomas H. Watkins, Jackson, Miss., for third party defendant.

WILLIAM HAROLD COX, Chief Judge.

The facts in this case are not complicated. A statement of established material facts in proper context will assist in an understanding and disposition of the motions before the Court. Kyle K. Vess and Dr. David A. McCoy, d/b/a Aeronaut Air Service live in Birmingham, Alabama. Those individuals on June 27, 1966 owned a DC-3 airplane which they kept parked near the McCoy Flying Service, Inc. establishment at the Municipal Airport in...

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