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MONROE v. CESSNA AIRCRAFT COMPANY

No. 2:05CV250.

417 F.Supp.2d 824 (2006)

Jessica MONROE, Individually and as Personal Representative of the Estate of Andrew K. Monroe Deceased, and as Next Friend of K. Monroe and L. Monroe, Minors and Susan Braden Individually and as Personal Representative of the Estate of Michael T. Braden, and Heather Braden Hatley, Lowell Braden, and Faye Braden, Individually Plaintiffs v. CESSNA AIRCRAFT COMPANY, Defendant.

United States District Court, E.D. Texas, Marshall Division.

February 17, 2006.

Attorney(s) appearing for the Case

William O'Neil Angelley, Kreindler & Kreindler, New York, NY, for Plaintiffs.

Fred John Meier, Jr., Christopher Stephen Kilgore, Earl Glenn Thames, Jr., Potter Minton, Tyler, TX, for Defendant.

MEMORANDUM OPINION AND ORDER

DAVIS, District Judge.

Before the Court is Defendant Cessna Aircraft Company's ("Cessna") Amended Motion to Dismiss Under Rule 12(b)(6) (Docket No. 10). For the reasons discussed below, the Court DENIES Cessna's motion.

BACKGROUND

On July 8, 2003, a Cessna 172S model aircraft, Federal Aviation Administration ("FAA") registration number N166ME, crashed near McKinney, Texas killing the plane's two...

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