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McDONNELL DOUGLAS CORP. v. U. S. DIST. CT., C. D. OF CAL.

Nos. 74-2639, 74-2679, 74-2663 and 74-2918.

523 F.2d 1083 (1975)

McDONNELL DOUGLAS CORPORATION, Petitioner, v. UNITED STATES DISTRICT COURT FOR the CENTRAL DISTRICT OF CALIFORNIA, Respondent; Geraldine L. FLANAGAN et al., Real Parties in Interest. UNITED STATES of America, Petitioner, v. UNITED STATES DISTRICT COURT FOR the CENTRAL DISTRICT OF CALIFORNIA, Respondent; Geraldine L. FLANAGAN et al., Real Parties in Interest. Geraldine L. FLANAGAN et al., Plaintiffs-Appellees, v. McDONNELL DOUGLAS CORPORATION, Defendant-Appellant. Geraldine L. FLANAGAN et al., Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied October 10, 1975.

Attorney(s) appearing for the Case

Joseph R. Austin, Los Angeles, Cal., for appellant.

Lee S. Kreindler (Kreindler & Kreindler) New York City, William Marshall Morgan (Morgan, Wenzel & McNichols) Los Angeles, Cal., for Flannigan et al., as real parties in interest.

Before HUFSTEDLER and WALLACE, Circuit Judges, and SCHNACKE, District Judge.

Rehearing and Rehearing En Banc Denied October 10, 1975.

OPINION

WALLACE, Circuit Judge:

Flanagan v. McDonnell Douglas Corporation arises out of the crash of a DC-10 airplane near Paris, France. The named plaintiffs are next of kin of five of the 335 passengers who died in the crash. They brought this action for wrongful death against the McDonnell Douglas Corporation (McDonnell Douglas) and the United States, seeking compensatory and punitive...

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