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IN RE PARIS AIR CRASH

Nos. 77-2099, 77-2266.

622 F.2d 1315 (1980)

In re PARIS AIR CRASH of March 3, 1974 McDonnell Douglas Corporation, Defendant-Appellant, In re PARIS AIR CRASH of March 3, 1974 General Dynamics Corporation, Defendant-Appellant. v. PLAINTIFFS IN MDL 172, Plaintiffs-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied July 29, 1980.

Attorney(s) appearing for the Case

William A. Norris, Tuttle & Taylor Inc., Los Angeles, Cal., for McDonnell Douglas Corp.

Charles A. Wright, Austin, Tex., Gregory A. Long, Overton, Lyman & Prince, Los Angeles, Cal., for General Dynamics.

Leonard Sacks, California Trial Lawyers Assoc., Encino, Cal., Marjorie S. Steinberg, Los Angeles, Cal., Robert G. Beloud, Upland, Cal., Arne Werchick, San Francisco, Cal., William P. Camusi, Los Angeles, Cal., Glen T. Bashore, Santa Ana, Cal., Lee S. Kreindler, Kreindler & Kreindler, New York City, William Marshall Morgan, Morgan, Wenzel & McNicholas, Los Angeles, Cal., John J. O'Neil, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, on brief; Steven I. Zetterberg, Claremont, Cal., for plaintiffs-appellees.

Before GOODWIN and KENNEDY, Circuit Judges, and EAST, District Judge.

KENNEDY, Circuit Judge:

The single question in this interlocutory appeal is whether the California rule that punitive damages are not permitted in wrongful death actions is consistent with the equal protection clause of the fourteenth amendment and its counterpart in the state constitution. The question arises in the wrongful death actions that resulted from the Paris air crash of March 3, 1974. A DC-10 passenger plane operated by Turkish Airlines, Inc., was en route...

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