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Kohr v. Allegheny Airlines

504 F.2d 400 (1974)

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Kohr v. Allegheny Airlines

United States Court of Appeals for the Seventh Circuit

504 F.2d 400 (1974)

Facts

In 1969 a plane owned and operated by Allegheny Airlines (Allegheny) (plaintiff) collided midflight with a plane operated by Robert W. Carey. Both planes were destroyed in the collision, and 83 people died. Wrongful-death and property-damage lawsuits were filed in various federal district courts against Allegheny, the estate of Robert W. Carey (the estate) (defendant), and other relevant parties. The Judicial Panel on Multidistrict Litigation took control over the cases and transferred all the lawsuits to the United States District Court for the Southern District of Indiana. Eventually, the United States government settled with Allegheny’s insurance companies. Allegheny sought indemnity and contribution from the estate. The estate filed motions to dismiss the claims, arguing that no right to indemnity or contribution existed under Indiana law. The district court applied Indiana law and granted the motion to dismiss. Allegheny appealed, arguing that a federal rule of indemnity and contribution should apply in the case.

Rule of Law

Issue

Holding and Reasoning (Swygert, C.J.)

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