DISPENZA v. EASTERN AIR LINES, INC.

Nos. 76 C 236, 76 C 461, 76 C 572, 76 C 573, 76 C 711 and 76 C 736. MDL 227.

508 F.Supp. 239 (1981)

Joseph DISPENZA, Individually and as Administrator of the Estates of Connie Dispenza and Tina Dispenza and as Natural Tutor of his minor child Sandy Dispenza, Plaintiff, v. EASTERN AIR LINES, INC., The Boeing Company, Collins Radio, Inc. and United States Aviation Underwriters, Inc. and/or United States Aviation Insurance Group, Inc., Defendants. EASTERN AIR LINES, INC., Third-Party Plaintiff, v. UNITED STATES of America, Third-Party Defendant. Peter Joseph CALDARERA, Jr., Individually and as Tutor of and on behalf of the Minor Christopher Moore Caldarera, Plaintiff, v. EASTERN AIR LINES, INC., The Boeing Company, and United States of America, Defendants. EASTERN AIR LINES, INC., Third-Party Plaintiff, v. UNITED STATES of America, Third-Party Defendant. Edgar A.G. BRIGHT, Jr., Individually and as Executor of the Successions of Mrs. Ethel Fox Bright and Edgar A.G. Bright, Plaintiff, v. EASTERN AIR LINES, INC., Eugene S. Eberhart, as Administrator of the Estate of W.S. Eberhart, Mrs. Charlotte E. Kleven, as Administratrix of the Estate of J.W. Kleven, The Boeing Company and United States Aviation Underwriters, Inc., Managers/United States Aircraft Insurance Group, Defendants. EASTERN AIR LINES, INC., Third-Party Plaintiff, v. UNITED STATES of America, Third-Party Defendant. Maunsel W. HICKEY, Individually and as Executor of the Succession of Mrs. Jane Bright Hickey, Harold H. White, III, and Michael B. White, Plaintiffs, v. EASTERN AIR LINES, INC., Eugene S. Eberhart, as Administrator of the Estate of W.S. Eberhart, Mrs. Charlotte E. Kleven, as Administratrix of the Estate of J.W. Kleven, The Boeing Company, United States Aviation Underwriters, Inc., Managers/United States Aircraft Insurance Group, and United States of America, Defendants. EASTERN AIR LINES, INC., Third-Party Plaintiff, v. UNITED STATES of America, Third-Party Defendant. Harold H. STREAM, II, and Matilda Gray Stream, Plaintiffs, v. EASTERN AIR LINES, INC., The Boeing Company, and United States of America, Defendants. EASTERN AIR LINES, INC., Third-Party Plaintiff, v. UNITED STATES of America, Third-Party Defendant. Nell B. NOLAND, Iveson B. Noland, III, Daniel W. Noland and John B. Noland, Individually and as Executor of Succession of Iveson B. Noland, Plaintiffs, v. EASTERN AIR LINES, INC., The Boeing Company, United States Aviation Underwriters, Inc., Managers/United States Aircraft Insurance Group, and United States of America, Defendants. EASTERN AIR LINES, INC., Third-Party Plaintiff, v. UNITED STATES of America, Third-Party Defendant.

United States District Court, E. D. New York.

February 12, 1981.


Attorney(s) appearing for the Case

Kierr, Gainsburgh, Benjamin, Fallon & Lewis by Jack C. Benjamin, New Orleans, La., for plaintiffs Dispenza, Bright, Hickey and Noland.

Healy & Baillie by Walter I. Skinner, New York City, for plaintiffs Caldarera and Stream.

Haight, Gardner, Poor & Havens by Walter E. Rutherford and Alan D. Reitzfeld, New York City, for defendant Eastern Air Lines, Inc.


BRAMWELL, District Judge.

Upon its return to this Court from its interlocutory journey to the United States Court of Appeals for the Second Circuit, the multidistrict litigation that arose from the tragic crash of Eastern Air Lines flight # 66 on June 24, 1975 once again has become the source of numerous motions and cross motions. The activity presently before this Court evolves from motions made by the instant plaintiffs (hereinafter referred to as "the Louisiana...

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