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BAYERS v. OMNI AVIATION MANAGERS, INC.

No. CV-79-92-Bu.

510 F.Supp. 1204 (1981)

Byron BAYERS and Phillips Petroleum Company, a corporation, Plaintiffs, v. OMNI AVIATION MANAGERS, INC., and Compass Insurance Company, Defendants.

United States District Court, D. Montana, Butte Division.

April 16, 1981.

Attorney(s) appearing for the Case

W. G. Gilbert, Jr., Dillon, Mont., and Theodore R. Dunn of Goetz, Madden & Dunn, Bozeman, Mont., for Byron Bayers.

Gary R. Proctor, Oklahoma City, Okl., for Phillips Petroleum Co.

Gregory C. Black of Corette, Smith, Pohlman & Allen, Butte, Mont., and Cornelius J. Harrington, III of Conklin & Adler, Ltd., Chicago, Ill., for defendants.

MEMORANDUM and ORDER

WILLIAM D. MURRAY, Senior District Judge.

Pending before the court are cross-motions for summary judgment raising the issue of the defendants' duty to provide coverage under an aircraft liability insurance policy when the pilot of the aircraft failed to hold a valid medical certificate. The aircraft involved was owned by plaintiff Byron Bayers and was being operated by Richard White when it crashed immediately after takeoff, damaging...

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