Joseph J. Mulhern, Sr., Executor of the Estate of Robert M. Carroll, Deceased, Plaintiff-appellant, v. Capital Airlines, Inc., and United Air Lines, Inc., Defendants-appellees, 353 F.2d 738 (2d Cir. 1965)
Annotate this CaseDecided November 17, 1965
Appeal from a judgment of the United States District Court for the Southern District of New York, Edmund L. Palmieri, Judge.
Plaintiff, as executor of the estate of Robert M. Carroll, deceased, appeals from a judgment in a diversity case granting summary judgment in favor of defendants Capital Airlines, Inc. and United Air Lines, Inc., limiting their liability to $30,000 and granting summary judgment in favor of plaintiff in that amount, in an action arising out of a fatal air crash in which decedent lost his life on a flight between Washington National Airport, Virginia, and Norfolk, Virginia. Opinion below not reported.
John F. Mulhern, Boston, Mass. (Raymond V. Rebecchi, New York City, on the brief), for plaintiff-appellant.
William J. Junkerman, John H. Riggs, Jr., and Haight, Gardner, Poor & Havens, New York City, for defendants-appellees.
Before LUMBARD, Chief Judge, and MEDINA and WATERMAN, Circuit Judges.
PER CURIAM.
Having previously studied the briefs and appellant's Appendix, we heard argument and affirmed in open court. The case arises out of the same plane crash and involves legal questions identical with those before this Court earlier this year in Skahill v. Capital Airlines, Inc., April 20, 1965, 2 Cir., Docket No. 29422, affirmed in open court on the opinion of Judge Levet below, reported at 234 F. Supp. 906. We agree with the panel of this Court sitting in that case (Kaufman, Hays and Anderson, C. JJ.).
Affirmed.
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