Braniff Airways, Inc., Phillip Addabbo, and Morton D. Stein, as of the Estate of Maurice Berg, Deceased v. Curtiss-Wright Corporation

On Petition for Rehearing

IRVING R. KAUFMAN, Circuit Judge:

Appellants petition for rehearing of our decision in Braniff Airways, Inc., et al. v. Curtiss-Wright Corporation, 411 F.2d 451 (2d Cir. 1969), claiming that a state court decision filed subsequent to ours requires us to change our interpretation of the pertinent state statute of limitations.

The facts are fully set forth in our main opinion and so we shall be content with a brief summary here. Curtiss-Wright sold airplane engines on July 17, 1956 to Douglas Aircraft Corporation, who in turn sold them (installed in a DC-7C) to Braniff,…