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TOKIO MARINE & FIRE INS. v. McDONNELL DOUGLAS

No. 75 Civ. 5915.

465 F.Supp. 790 (1978)

The TOKIO MARINE & FIRE INSURANCE COMPANY, LIMITED, et al., Plaintiffs v. McDONNELL DOUGLAS CORPORATION, Defendant. McDONNELL DOUGLAS CORPORATION, Third-Party Plaintiff, v. JAPAN AIR LINES CO., LTD., Third-Party Defendant.

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

July 19, 1978.

Attorney(s) appearing for the Case

Condon & Forsyth by Desmond T. Barry, Jr., George N. Tompkins, Jr., Stephen R. Stegich, III, Lawrence Mentz, Nathaniel F. Knappen, New York City, for plaintiff and third-party defendant Japan Air Lines Co., Ltd.

Crowe, McCoy, Agoglia, Fogarty & Zweibel, P. C., by Harold V. McCoy, Colby S. Morgan, Mineola, N. Y., for McDonnell Douglas Corp.

MEMORANDUM OPINION

MOTLEY, District Judge.

On November 28, 1972 a DC-8-62 commercial airliner manufactured by the McDonnell Douglas Corporation (MDC) and owned and operated by Japan Air Lines Co., Ltd., (JAL) crashed shortly after takeoff from Sheremetievo Airport located in Moscow, U.S.S.R. As a result of the crash fifty two passengers were killed and others were injured, and the aircraft was totally destroyed. In broad outline the passengers'

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