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TOKIO MARINE & FIRE INS. v. McDONNELL DOUGLAS CORP.

Nos. 17, 22, Dockets 79-7045, 79-7065.

617 F.2d 936 (1980)

The TOKIO MARINE AND FIRE INSURANCE COMPANY, LIMITED, et al., Plaintiffs-Appellants-Cross-Appellees, v. McDONNELL DOUGLAS CORPORATION, Defendant-Appellee-Cross-Appellant. McDONNELL DOUGLAS CORPORATION, Defendant and Third-Party Plaintiff-Appellee-Cross-Appellant, v. JAPAN AIR LINES CO., LTD., Third-Party Defendant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 6, 1980.

Attorney(s) appearing for the Case

George N. Tompkins, Jr. (Condon & Forsyth, Lawrence Mentz and Desmond T. Barry, Jr., New York City, on the brief), for plaintiffs-appellants-cross-appellees Tokio Marine and Fire Insurance Co., Ltd., et al., and third-party defendant-cross-appellee Japan Air Lines Co., Ltd.

Harold U. McCoy, Mineola, N. Y. (Scott Fairgrieve and Crowe, McCoy, Agoglia, Fogarty & Zweibel, Mineola, N. Y., on the brief) for defendant and third-party plaintiff-appellee-cross-appellant McDonnell Douglas Corp.

Before MOORE, TIMBERS, and VAN GRAAFEILAND, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

On November 28, 1972, a DC-8 plane, manufactured by McDonnell Douglas Corporation (McDonnell) and owned and operated by Japan Air Lines (JAL), crashed during take-off in Moscow, U.S.S.R., killing fifty-two passengers and seriously injuring ten others. Numerous lawsuits were brought against McDonnell and JAL on behalf of injured and deceased passengers, and all were settled. McDonnell, JAL, and JAL's subrogated insurance carriers, (hereinafter...

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