ARNOLD v. EASTERN AIR LINES, INC.

Nos. 80-1245 to 80-1247 and 80-1334.

681 F.2d 186 (1982)

Richard ARNOLD, IV, Appellee, v. EASTERN AIR LINES, INC., Appellant, v. UNITED STATES of America, Appellee. Francis C. MIHALEK, Appellee, v. EASTERN AIR LINES, INC., Appellant, v. UNITED STATES of America, Appellee. Helen Rae WESTON, as Executrix of the Estate of Lewis M. Weston, deceased, Appellee, v. EASTERN AIR LINES, INC., Appellant. The AETNA CASUALTY AND SURETY COMPANY; Aetna Insurance Company; American Empire Insurance Company; Commercial Union Insurance Company; Compagnies D'Assurances Du Groupe; Concorde; Continental Casualty Company; Employers Mutual Liability Insurance Company of Wisconsin; Hartford Fire Insurance Company; Industrial Indemnity Company; Maryland Casualty Company; Reliance Insurance Company; Royal Indemnity Company; St. Paul Fire and Marine Insurance Company; Security Insurance Company of Hartford; The Travelers Indemnity Company; Underwriters at Lloyd's and Associated British Insurance Companies; United States Fidelity and Guaranty Company; United States Fire Insurance Company; Zurich Insurance Company, Appellants, v. UNITED STATES of America; Bernard C. Groseclose; Alden E. Hare; William L. Hogan; Dennis L. Hunter, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 4, 1982.


Attorney(s) appearing for the Case

William C. Raper, Winston-Salem, N. C. (H. Grady Barnhill, Jr., Womble, Carlyle, Sandridge & Rice, Winston-Salem, N. C., on brief), for appellant Eastern Air Lines, Inc.

Walter E. Rutherford, New York City, for appellants Aetna Casualty and Surety Co., et al.

Gary S. Hemric, William K. Diehl, Jr., Charlotte, N. C. (Robert H. Sheppard, James McElroy & Diehl, P.A., Charlotte, N. C., on brief), and Robert R. Smiley, III, Washington, D. C. (Smiley, Murphy, Olson & Gilman, Washington, D. C., on brief), for appellees Richard Arnold, IV, Francis C. Mihalek and Helen Rae Weston.

Michael J. Pangia, Asst. Chief Counsel, Litigation Div., F. A. A., Washington, D. C., for appellees Groseclose, Hare, Hogan, Hunter, and United States of America.

Before BRYAN, Senior Circuit Judge, and PHILLIPS and MURNAGHAN, Circuit Judges.


JAMES DICKSON PHILLIPS, Circuit Judge:

These consolidated appeals grow out of the crash of Eastern Airlines Flight No. 212 near Charlotte, North Carolina on September 11, 1974, which resulted in the deaths of 69 passengers and 2 crew members and serious personal injuries to 9 passengers and 2 crew members who survived. Four resulting lawsuits consolidated for trial generate these appeals. In Nos. 80-1245, 80-1246, and 80-1247, respectively, Eastern Airlines (Eastern...

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