R. J. Enstrom Corporation v. Interceptor Corporation and United States of America

SETH, Circuit Judge.

This litigation arises out of an aviation accident which resulted in the total loss of an “Interceptor 400” aircraft, owned by plaintiff, R. J. Enstrom Corporation. The airplane was manufactured by Interceptor Corporation, a defendant, and given a “type certificate” by the Federal Aviation Administration. The plane was “ditched” in Santa Monica Bay in California following a “flame out” of its turboprop engine asserted to have been caused by fuel starvation.

Enstrom, a Michigan corporation, filed this action in the Western District of Oklahoma. Count 1 of the complaint…