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SIMMONS v. SKYWAY OF OCALA

Civ. A. Nos. CV683-54, CV683-63.

592 F.Supp. 356 (1984)

Stanley J. SIMMONS and Patricia Simmons and Stanley J. Simmons as Personal Representative of the Estate of Valerie Wynn Aken, Deceased, Plaintiffs, v. SKYWAY OF OCALA; Rockwell International Corporation; Heady Aircraft, Inc. d/b/a Precision Aero Engines; Teledyne Continental Motors Gulfstream American Corporation and Gulfstream Aerospace Corporation, Defendants, v. GULFSTREAM AEROSPACE CORPORATION, an Oklahoma Corporation, Third-Party Defendant and Fourth-Party Plaintiff, v. Betty L. LOVELL, as Personal Representative of the Estate of Stanley R. Lovell, Deceased; Sugar Mountain Development Corporation; Steve L. Grey; Robert Burtzloff; and Don Wayne Taylor, Fourth-Party Defendants.

United States District Court, S.D. Georgia, Swainsboro Division.

July 2, 1984.

Attorney(s) appearing for the Case

Edwin Marger, Atlanta, Ga., Louis Vernell, North Miami Beach, Fla., George F. Farrell, Speiser, Krause & Madole, Washington, D.C., for plaintiffs.

Eric D. Griffin, Jr., Donald R. Andersen, Phillips & Mozley, E.A. Simpson, Jr., F.C. Schenck, Powell, Goldstein, Frazer & Murphy, T. Cullen Gilliland, M. Scott Barksdale, Gray, Gilliland & Gold, P.C., Atlanta, Ga., for defendants.

James A. Eichelberger, Randall H. Davis, Neely & Player, Atlanta, Ga., for Betty L. Lovell, as personal representative of estate of Stanley R. Lovell, deceased; Sugar Mountain Development Corp.; Steve L. Grey & Robert Burtzloff, fourth-party defendants.

ORDER

BOWEN, District Judge.

Defendant Gulfstream Aerospace Corporation, an Oklahoma corporation, moves the Court to dismiss these consolidated actions, CV683-54 and CV683-63, for want of jurisdiction. Both cases are wrongful death actions arising out of the same occurrence, an airplane crash in which the plaintiffs' daughter was killed. The parties are identical in both suits; the only distinction between them relevant to this ruling is that the second...

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