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S. A. EMPRESA, ETC. v. WALTER KIDDE & CO., INC.

No. 79-3720.

690 F.2d 1235 (1982)

S. A. EMPRESA DE VIACAO AEREA RIO GRANDENSE (VARIG AIRLINES), Plaintiff-Appellant, v. WALTER KIDDE & COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 26, 1982.

As Amended June 3, 1982.

Attorney(s) appearing for the Case

Phillip D. Bostwick, Washington, D. C., argued, for plaintiff-appellant; James B. Hamilin, Shaw, Pittman, Potts & Trowbridge, Washington, D. C., on brief.

H. G. Robert Fong, Los Angeles, Cal., argued, for defendant-appellee; Joseph E. Gregorich, Robert C. Packard, Kirtland & Packard, Los Angeles, Cal., on brief.

Before FERGUSON and NORRIS, Circuit Judges, and PANNER, District Judge.

PANNER, District Judge:

Varig Airlines sued the Boeing Company and a component manufacturer, Weber Aircraft, a division of Walter Kidde & Co., for loss of the Boeing 707 that crashed outside Paris, France, on July 11, 1973, en route from Brazil. Varig appeals from the summary judgment granted by the district court in favor of Weber.1

The crash occurred after dense smoke completely filled the aircraft, suffocated many passengers...

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