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INSURANCE CO. OF NORTH AMERICA v. CITY OF NEW HAVEN

Civ. A. Nos. N-76-312, N-77-139.

574 F.Supp. 373 (1983)

INSURANCE COMPANY OF NORTH AMERICA and Asplundh Aviation, Inc., Plaintiffs, v. CITY OF NEW HAVEN, James E. Malarky and Edgar Schoonmaker, Defendants. INSURANCE COMPANY OF NORTH AMERICA and Asplundh Aviation, Inc., Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, D. Connecticut.

October 6, 1983.

Attorney(s) appearing for the Case

Thomas Wilson, Groton, Conn., James Courtney, Sussman, Shapiro, Wool, Brennan, Gray & Faulkner, New London, Conn., for plaintiffs.

Frank Santoro, Asst. U.S. Atty., New Haven, Conn., Kathlynn Fadely, Trial Atty., Torts Branch, Civil Branch, Dept. of Justice, Washington, D.C., for defendant United States of America.

Charles Albom and Karen Nash, Corp. Counsel, New Haven, Conn., Paul McNamara, Bridgeport, Conn., for defendants City of New Haven, James E. Malarky and Edgar Schoonmaker.

MEMORANDUM OF DECISION

ZAMPANO, Senior District Judge.

The plaintiff, Insurance Company of North America ("INA"), as the subrogee of its insured, plaintiff Asplundh Aviation, Inc. ("Asplundh"), instituted these consolidated actions to recover stipulated damages of $300,000 to a Cessna Citation corporate jet which crashed on takeoff from Tweed-New Haven Airport on October 16, 1974. The crash occurred when the aircraft suddenly lost power after its engines...

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