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Legal Opinion

McMillen v. Douglas Aircraft Co.

District Court, S.D. California

Decided May 15, 1950No. 10460PublishedCited by 7 opinions

1Opinion of the Court

MATHES, District Judge.

Plaintiffs, widow and minor daughter of Everett Lovelle.McMillen, brought this action for his wrongful death. The complaint alleges that while piloting a model DC-6 airplane manufactured by defendant, McMillen was killed in Utah in a crash assertedly caused by negligence in design of the aircraft.

Right to recover is claimed under the Utah wrongful death statute which is set out in the complaint. See Utah Code Tit. 104, § 104 — 3—11; 28 U.S.C.A. § 1738. The Utah period of limitations for wrongful death actions is alleged in the complaint to be two years. See Utah Code…

2Cases cited21 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  3. Gibbs v. BuckSupreme Court of the United States · 1939
  4. McElmoyle Ex Rel. Bailey v. CohenSupreme Court of the United States · 1839
  5. Prigg v. PennsylvaniaSupreme Court of the United States · 1842

16 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Hartley Pen Co. v. Lindy Pen Co.District Court, S.D. California · 1954
  2. Richardson Ford Sales v. CumminsNew Mexico Supreme Court · 1964
  3. St. Louis-San Francisco Railway Co. v. Superior CourtCalifornia Court of Appeal · 1969
  4. Costello v. Atlas Corp.District Court, N.D. California · 1967
  5. Corrigan v. Clairol, Inc.District Court, D. Connecticut · 1954

2 more not listed; retrieve them via the Exa API.

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