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EXECUTIVE FLITEWAYS INC. v. U.S.

No. CV-88-2514 (JBW).

711 F.Supp. 81 (1989)

EXECUTIVE FLITEWAYS INC., Federal Insurance Company and the Associated Aviation Underwriters, Plaintiffs, v. The UNITED STATES of America, Defendant.

United States District Court, E.D. New York.

May 5, 1989.

Attorney(s) appearing for the Case

Katten Nuchin & Zavis by Edward Griffith, New York City, for plaintiffs.

Torts Branch, Civ. Div., U.S. Dept. of Justice by Colleen L. Conlin, Washington, D.C., for defendant.

MEMORANDUM AND ORDER

WEINSTEIN, District Judge:

The plaintiffs, Executive Fliteways Inc., Federal Insurance Co. and Associated Aviation Underwriters, bring this action seeking a declaratory judgment against the United States that it is not liable, under the "Indemnify and Hold Harmless" clause of their contract, for the negligence of air traffic controllers. 28 U.S.C. § 2201 and 2202.

Both parties move for summary judgment. They have stipulated...

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