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ASPINALL v. McDONNELL DOUGLAS CORP.

No. 77-3966.

625 F.2d 325 (1980)

Joan ASPINALL, Individually and as personal representative of the Estate of Anthony Price, Deceased, and Janet Paehlig, Special Administrator of the Estate of Anthony Price, Deceased, Plaintiffs-Appellants, v. McDONNELL DOUGLAS CORPORATION, a corporation et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 13, 1980.

Rehearing Denied October 1, 1980.

Attorney(s) appearing for the Case

Bryce C. Anderson, Martinez, Cal., for plaintiffs-appellants.

Roger E. Hawkins, Los Angeles, Cal., argued, Robert S. Stern, Los Angeles, Cal., argued and on brief, for defendants-appellees.

Before CHAMBERS and TANG, Circuit Judges, and ORRICK, District Judge.

CHAMBERS, Circuit Judge:

Appellant Aspinall, individually and as personal representative of the estate of Anthony Price, appeals from the district court's order for summary judgment holding that she and her children are not his "heirs" for the purposes of the California wrongful death act (Section 377, California Code of Civil Procedure).

Price was killed in March 1974, with 345 other passengers and crew members, when a DC-10 owned and operated by appellee...

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