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KAY v. CESSNA AIRCRAFT CO.

Nos. 74-1785, 75-1437.

548 F.2d 1370 (1977)

Bradley KAY et al., Plaintiffs-Appellants, v. CESSNA AIRCRAFT COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied April 15, 1977.

Attorney(s) appearing for the Case

James J. McCarthy, Magana & Cathcart, Los Angeles, Cal., Ellis J. Horvitz, argued, Encino, Cal., for plaintiffs-appellants.

Rudi M. Brewster, James F. Stiven, argued, Gray, Cary, Ames & Frye, San Diego, Cal., Robert D. Brill, Los Angeles, Cal., for defendant-appellee.

Before CHAMBERS, and CHOY, Circuit Judges, and SPENCER WILLIAMS, District Judge.

Rehearing and Rehearing En Banc Denied April 15, 1977.

OPINION

SPENCER WILLIAMS, District Judge:

Julius Kay was killed when his Cessna Skymaster Model 337 airplane crashed during take-off. The 337 is a twin engine aircraft of "push-me/pull-me" design, e. g., having one pulling engine forward of the pilot as in the traditional single engine design and the second pushing engine behind the pilot and totally...

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