PAN AMERICAN WORLD AIRWAYS, INC. v. AETNA CAS. & SUR. CO.

No. 71 Civ. 1118.

368 F.Supp. 1098 (1973)

PAN AMERICAN WORLD AIRWAYS, INC., Plaintiff, v. The AETNA CASUALTY AND SURETY COMPANY et al., Defendants.

United States District Court, S. D. New York.

September 17, 1973.


Attorney(s) appearing for the Case

Cleary, Gottlieb, Steen & Hamilton, New York City, for plaintiff; Fowler Hamilton, James C. Blair, Luther Nadler, Roger E. Berg, New York City, of counsel.

Davis Polk & Wardwell, New York City, for the Aetna Casualty and Surety Company, and others, denominated first, second and third claim defendants; Lawrence E. Walsh, Henry L. King, Guy Miller Struve, Bartlett H. McGuire, Charles J. Moxley, Jr., Jack P. Levin, New York City, of counsel.

Bigham, Englar, Jones & Houston, New York City, Co-counsel for second claim defendants; John J. Martin, New York City, of counsel.

Paul J. Curran, U. S. Atty., S. D. N. Y., for the United States; Daniel H. Murphy II, Mel P. Barkan, Asst. U. S. Attys., of counsel.

Mendes & Mount, New York City, for defendants, Philip Gaybell Wright and others, denominated as fifth claim defendants; Matthew Corrigan, Stephen E. Cohen, New York City, of counsel.

Cahill, Gordon, Sonnett, Reindel & Ohl, New York City, Co-counsel for fifth claim defendants; William E. Hegarty, Floyd Abrams, Roger S. Fine, Michael P. Tierney, New York City, of counsel.


OPINION

FRANKEL, District Judge.

On September 6, 1970, the plaintiff, an international air carrier, was operating a Boeing 747 ("jumbo jet") airplane on its scheduled Flight No. 093 from Brussels, Belgium, to New York City, with a stop in Amsterdam, Holland. As the airplane proceeded from Amsterdam toward London, two of its passengers produced hand guns and grenades, took forcible command of the crew and the passengers, and ordered the pilot to proceed ...

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