SCHNEIDER v. LOCKHEED AIRCRAFT CORP.

Nos. 80-1844, 80-1960, 80-2118, 80-1845, 80-1959, 80-2119, 81-1200 and 81-1337.

658 F.2d 835 (1981)

Michael Moses SCHNEIDER also known as Nguyen Phi Khanh, a minor who sues by and through his next friends and adoptive parents, Gary and Sandra Schneider, et al. v. LOCKHEED AIRCRAFT CORPORATION, Appellant, v. UNITED STATES of America. Melissa Hope MARCHETTI also known as Ngo Thi Hoa Thuong, a minor who sues by and through her next friends and adoptive parents, Dennis and Pamela Marchetti, et al. v. LOCKHEED AIRCRAFT CORPORATION, Appellant, v. UNITED STATES of America. James Matthew ZIMMERLY also known as Do Phi Hung, a minor who sues by and through his next friends and adoptive parents, Melvin E. and Wanda Zimmerly, etc. v. LOCKHEED AIRCRAFT CORPORATION, Deft. and Third Party Pltff., and The United States of America, Third Party Deft., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided June 17, 1981.


Attorney(s) appearing for the Case

J. Vernon Patrick, Jr., with whom William M. Cohen was on the brief for Zimmerly, et al., appellees in No. 81-1200 and cross-appellants in No. 81-1337, Schneider, et al., appellees in Nos. 80-1844 and 80-2118 and cross-appellants in No. 80-1960, Marchetti, et al., appellees in Nos. 80-1845 and 80-2119 and cross-appellants in No. 80-1959. Charles R. Work, Washington, D.C., also entered an appearance for Zimmerly et al., Schneider, et al., and Marchetti, et al.

Richard M. Sharp, Washington, D.C., with whom William F. Sheehan, Nancy J. Bregstein, and Carroll E. Dubuc, Washington, D.C., were on the brief, for Lockheed Aircraft Corp., appellant in No. 80-1844 and cross-appellee in Nos. 80-1960 & 80-2118. Aidan D. Jones, Washington, D.C., also entered an appearance for Lockheed Aircraft.

Thomas S. Martin, Asst. Atty. Gen., Charles F. C. Ruff, U. S. Atty., William Kanter and Linda Jan S. Pack, Attys., Dept. of Justice, Washington, D.C., were on the brief, for United States of America, appellees in Nos. 80-1844, 80-1845, 80-1959 and 80-1960 and cross-appellant in No. 80-2118 and 80-2119 and appellant in No. 81-120.

Richard M. Sharp, Washington, D.C., with whom William S. Moore, William F. Sheehan, Patrick M. Hanlon and Carroll E. Dubuc, Washington, D.C., were on the brief, for Lockheed Aircraft Corp., appellant in No. 80-1845 and cross-appellee in Nos. 80-1959 & 80-2119.

William F. Sheehan, Washington, D.C., with whom Richard M. Sharp, William S. Moore, Frederick C. Schafrick, Patrick M. Hanlon and Carroll E. Dubuc, Washington, D.C., were on the brief, for Lockheed Aircraft Corp., appellant in No. 81-1200 and cross-appellee in No. 81-1337. Temple L. Ratcliffe & Aidan D. Jones, Washington, D.C., also entered an appearance for Lockheed Aircraft Corp.

Before BAZELON, Senior Circuit Judge, and McGOWAN and ROBB, Circuit Judges.


Opinion for the Court PER CURIAM.

PER CURIAM:

These personal injury actions arose from the explosive decompression and subsequent crash near Saigon, South Vietnam on April 4, 1975 of a Lockheed C5A Galaxy aircraft. The plane was carrying 258 Vietnamese orphans bound for adoptive homes in the United States and abroad. One hundred forty-four of the approximately 327 persons aboard the plane died; 150 orphans survived. One year later, Friends for All Children...

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