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FRIENDS FOR ALL CHILDREN v. LOCKHEED AIRCRAFT

No. 84-5213.

746 F.2d 816 (1984)

FRIENDS FOR ALL CHILDREN, INC., as legal guardian and next friend of the named 150 infant individuals, et al. v. LOCKHEED AIRCRAFT CORPORATION, Appellant, United States of America.

United States Court of Appeals, District of Columbia Circuit.

Decided October 12, 1984.

As Amended October 12, 1984.

Attorney(s) appearing for the Case

Richard M. Sharp, Washington, D.C., with whom William F. Sheehan and Carroll E. Dubuc, Washington, D.C., were on brief, for appellant. William S. Moore, Washington, D.C., also entered an appearance for appellant.

J. Vernon Patrick, Jr., Birmingham, Ala., with whom Oren R. Lewis, Jr., Arlington, Va., and William M. Cohen, Washington, D.C., and Marvin H. Campbell, Montgomery, Ala., were on brief for appellees, Friends for All Children, Inc., et al. Richard H. Jones, Arlington, Va., also entered an appearance for appellees, Friends for All Children, Inc., et al.

Joseph E. diGenova, U.S. Atty. and Mark A. Dombroff, Dept. of Justice, Washington, D.C., entered appearances for appellee, U.S.A.

Before MIKVA, BORK and STARR, Circuit Judges.

Opinion for the Court filed by Circuit Judge STARR.

STARR, Circuit Judge.

This is a tort action on behalf of Vietnamese orphans for injuries suffered in a tragic aviation accident in South Vietnam in 1975. The suit is over eight years old, and this appeal is the fourth before this court. Seven years after the action was filed, the District Court granted partial summary judgment on a motion on behalf of the Vietnamese children adopted by non-U.S. parents, holding...

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