BROWNE v. McDONNELL DOUGLAS CORP.

Nos. C-77-2016-WWS, C-77-2030-WWS, C-77-2031-WWS, C-78-0997-WWS, C-78-2935-WWS and C-79-2804-WWS.

504 F.Supp. 514 (1980)

Richard Lee BROWNE et al., Plaintiffs, v. McDONNELL DOUGLAS CORPORATION, a corporation, Defendant. Alfred PEETZ et al., Plaintiffs, v. McDONNELL DOUGLAS CORPORATION, a corporation, Defendant. Zeynep Buge GUNER et al., Plaintiffs, v. McDONNELL DOUGLAS CORPORATION, a corporation, Defendant. Alheid LEENDERDSE et al., Plaintiffs, v. McDONNELL DOUGLAS CORPORATION, a corporation, Defendant. Jeremy Nicholas BOWDLER et al., Plaintiffs, v. McDONNELL DOUGLAS CORPORATION, a corporation, Defendant. Afet HAMAMZI, individually, and Cemalije Hamamzi, by and through her Guardian ad Litem, Mrs. H. Hamamzi, as heirs of Hilmi Hamamzi, deceased, Plaintiffs, v. McDONNELL DOUGLAS CORPORATION, a corporation, Defendant.

United States District Court, N. D. California.

December 19, 1980.


Attorney(s) appearing for the Case

Gerald C. Sterns, John C. Elstead, Law Offices of Gerald C. Sterns, San Francisco, Cal., for plaintiffs.

Edwin W. Green, Philip R. Diamond, James C. Krieg, Mary E. Reilley, Bronson, Bronson & McKinnon, San Francisco, Cal., James M. Fitzsimons, Mendes & Mount, New York City, John J. Hennelly, Jr., Timothy R. Cappel, Bryan, Cave, McPheeters & McRoberts, St. Louis, Mo., for defendant McDonnell Douglas Corp.


SCHWARZER, District Judge.

FACTUAL BACKGROUND

This action arises out of a midair collision between a Hawker Siddley Trident 3 and a McDonnell Douglas DC-9 that occurred at 33,000 feet near Zagreb, Yugoslavia, on September 10, 1976, while both planes were under "positive control" by the air traffic control center at Zagreb. At the very moment the Trident 3 was crossing over Zagreb at 33,000 feet on course to Istanbul, the DC-9 was climbing to 35,000 feet...

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