MANOS v. TRANS WORLD AIRLINES, INC.

Nos. 65 C 1932, 66 C 1586-66 C 1589, 66 C 2135-66 C 2139, 67 C 1144, 66 C 1147.

295 F.Supp. 1170 (1969)

Peter MANOS, Administrator of the Estate of Mike Manos, deceased, Plaintiff, v. TRANS WORLD AIRLINES, INC., a corporation, and Boeing Company, a corporation, Defendants. Walter A. SCHANKE, as the Heir at Law and Next of Kin of Ellen C. Schanke, Philip Schanke, Elaine M. Schanke and Paul Eugene Schanke, and Walter A. Schanke, as Administrator of the Estates of Ellen C. Schanke, Philip Schanke, Elaine M. Schanke and Paul Eugene Schanke, Plaintiff, v. BOEING COMPANY, a corporation, Defendant. Loretta GARTLEY, Plaintiff, v. BOEING COMPANY, a corporation, Defendant. Elizabeth NESSLER, as Administrator of the Estates of Keith Burruss Trotter, Deceased, Patricia Faye Trotter, Deceased, Bonnie Lou Trotter, Deceased, Janet Ann Trotter, Deceased, and Keith Burruss Trotter, Jr., Deceased, Plaintiff, v. BOEING COMPANY, a corporation, Defendant. Bryan R. McCARTHY, as Administrator of the Estate of Eleanor W. Flegal, Deceased, and Bryan R. McCarthy, as Executor of the Estate of Dorothy A. Flegal, Deceased, Plaintiff, v. BOEING COMPANY, a corporation, Defendant. Gwendolyn HEURTEVANT, as Widow of Francis Michael Heurtevant, Deceased, Michael Heurtevant, a minor, by Gwendolyn Heurtevant, his mother and next friend, Marc Heurtevant, a minor, by Gwendolyn Heurtevant, his mother and next friend, and James Otis as Administrator of the Estate of Francis Michael Heurtevant, Deceased, Plaintiffs, v. BOEING COMPANY, a corporation, Defendant. Joseph SAINTON, Plaintiff, v. BOEING COMPANY, a corporation, Defendant. Edward PFEFFER, as Administrator of the Estate of Edward C. Daly, Plaintiff, v. BOEING COMPANY, a corporation, Defendant. Paul W. HANS, as Administrator of the Estate of Joseph J. Sondag, Plaintiff, v. BOEING COMPANY, a corporation, Defendant. John TSAMANIS for the use and benefit of Emmanuel I. Tsamanis, Daphne Tsamanis, John Tsamanis, Sophia Papagaorgiou and Elizabeth Angelinaras, the heirs-at-law and next of kin of Peter Tsamanis, Deceased, Plaintiffs, v. BOEING COMPANY, a corporation, Defendant. Nathan GRANSTEIN, as Executor of the Estate of Georgette Granstein, Deceased, Plaintiff, v. The BOEING COMPANY and Alitalia Airlines, Inc., Defendants. John M. XIFARAS, Administrator of the Estate of Irene Sakellarios, Plaintiff, v. BOEING COMPANY, a corporation, Defendant.

United States District Court N. D. Illinois, E. D.

February 3, 1969.


Attorney(s) appearing for the Case

Jacobson, Lieberman, Levy & Baron, Chicago, Ill., for plaintiffs.

L. R. Voigts and John J. McLaughlin, Parrish, Guthrie, Colfelsh & O'Brien, Des Moines, Iowa, additional counsel for plaintiffs Pfeffer and Hans.

Weil, Gotshal & Manges, New York City, additional counsel for plaintiff Granstein.

Nicholas P. Christy, New York City, additional counsel for plaintiff Xifaras.

Heineke, Conklin & Schrader, Chicago, Ill., Mendes & Mount Matthew J. Corrigan and Randolph O. Petgrave, New York City, for defendants.

Donald P. Reel, Atlantic, Iowa, additional counsel for defendant Boeing Co.


MEMORANDUM AND ORDER

ROBSON, District Judge.

In order that the trial of these cases might be simplified, the parties submitted for decision the issues of the law applicable on the question of liability, the question of damages, the question of the statute of limitations, and the question of warranty. In five of these twelve cases, this court deems that the defendant has moved for summary judgment on the ground that the

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