Legal Opinion · Concurring in part, dissenting in part

LeRoy ex rel. LeRoy v. Sabena Belgian World Airlines

Court of Appeals for the Second Circuit

Decided March 31, 1965No. 172, Docket 29044Published

1Concurring in part, dissenting in partMedina, Circuit Judge

In my opinion the judgment should be affirmed with only one very minor change. Accordingly, I concur in the view of the majority that a substantial *279recovery was warranted, but I dissent from that portion of the majority opinion that remands the case for a recom-putation of the award. I shall first discuss two preliminary matters.

I

Exhibit 15

I believe the reasoning adopted by my brothers to support the admissibility of Exhibit 15 is unduly involved and circuitous. The concessions made by Sa-bena in its answers to pre-trial interrogatories establish that this Exhibit is a composite report…

2Cases cited12 opinions

  1. Babcock v. JacksonNew York Court of Appeals · 1963
  2. Kilberg v. Northeast Airlines, Inc.New York Court of Appeals · 1961
  3. Dictograph Products Company, Inc. v. Sonotone Corporation, Emil Henry Greibach and S. Michael PinelesCourt of Appeals for the Second Circuit · 1956
  4. Dictograph Products Co. v. Sonotone Corp.Supreme Court of the United States · 1956
  5. National Airlines, Inc. v. Beryl Whiteman Stiles, Beryl Whiteman Stiles v. National Airlines, Inc.Court of Appeals for the Fifth Circuit · 1959

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