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FORUM INS. CO. v. AVIATION ENTERPRISES, INC.

No. 84-3032-4B.

722 F.Supp. 1525 (1988)

FORUM INSURANCE COMPANY, Plaintiff, v. AVIATION ENTERPRISES, INC.; the United States and the United States Department of Defense; and Jeremy Hew Phillips, Individually and on behalf of certain underwriters at Lloyd's, London and Companies, Defendants.

United States District Court, W.D. Tennessee, W.D.

March 15, 1988.

Attorney(s) appearing for the Case

Joseph W. Barnwell, Memphis, Tenn., James F. Murphy, Chicago, Ill., for plaintiff.

Paul A. Warner, Fisher & Hurst, San Francisco, Cal., Timothy A. Ryan, III, Memphis, Tenn., for Phillips.

Robert M. Williams, Jr., Asst. U.S. Atty., Memphis, Tenn., Thomas B. Almy, Trial Atty., Torts Branch, Civil Div., U.S. Dept. of Justice, Washington, D.C., Ralph May, Office of Counsel, U.S. Defense Depot, Memphis, DDMTG, Memphis, Tenn., for U.S. and U.S. Dept. of Defense.

Joel Porter, Memphis, Tenn., for Aviation Enterprises, Inc.

ORDER ON PENDING MOTIONS

McRAE, Senior District Judge.

Plaintiff Forum Insurance Company ("Forum") brought this declaratory judgment action seeking a determination of its liability under a contract of insurance. The suit arises from the August 11, 1984 crash of an aircraft insured by Forum and operated by defendant Aviation Enterprises, Inc. ("Aviation Enterprises"). Shortly after its takeoff, the aircraft lost power in one of its engines and struck a warehouse...

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