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FLEMING v. DELTA AIRLINES

No. 68 Civ. 1323.

359 F.Supp. 339 (1973)

James FLEMING, Plaintiff, v. DELTA AIRLINES, Defendant.

United States District Court, S. D. New York.

May 29, 1973.

Attorney(s) appearing for the Case

Emile Z. Berman and A. Harold Frost, New York City, for plaintiff; Morton H. Feder, New York City, of counsel.

Bigham, Englar Jones & Houston, New York City, for defendant; James B. McQuillan, New York City, of counsel.

MEMORANDUM

LASKER, District Judge.

On the night of April 16, 1967, plaintiff, James Fleming, a medical doctor, took Delta Air Lines Flight 52 from New Orleans to Chicago. The flight made three scheduled intermediate stops at Jackson, Mississippi, Memphis, Tennessee, and St. Louis, Missouri. On its descent into St. Louis, the plane passed through a previously forecast turbulence causing Fleming to be thrown about in his seat, to strike his head against the...

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