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FRIENDS FOR ALL CHILDREN v. LOCKHEED AIRCRAFT CORP.

Civ. A. Nos. 76-0544, 76-0544-68.

587 F.Supp. 180 (1984)

FRIENDS FOR ALL CHILDREN, INC., as legal guardian and next friend of the named 150 infant individuals, et al., Plaintiff, v. LOCKHEED AIRCRAFT CORPORATION, Defendant and Third-Party Plaintiff, v. The UNITED STATES of America, Third-Party Defendant. Margali Jose Patricia MAUPOINT, etc., Plaintiff, v. LOCKHEED AIRCRAFT CORPORATION, Defendant and Third-Party Plaintiff, v. The UNITED STATES of America, Third-Party Defendant.

United States District Court, District of Columbia.

On Partial Summary Judgment April 4, 1984.

On Application of the Adverse Inference Rule April 19, 1984.

As Corrected April 27, 1984.

Attorney(s) appearing for the Case

J. Vernon Patrick, Jr., Berkowitz, Lefkovits & Patrick, Birmingham, Ala., Oren R. Lewis, Jr., Lewis, Wilson, Lewis & Jones, Ltd., Arlington, Va., for plaintiffs.

Carroll E. Dubuc, Finley, Kumble, Wagner, Heine, Underberg & Casey, Washington, D.C., for defendant and third-party defendant.

Mark A. Dombroff, Director, Torts Branch, Civil Div., U.S. Dept. of Justice, Washington, D.C., for third-party defendant.

Charles R. Work, McDermott, Will & Emery, Washington, D.C., for Guardian Ad Litem.

MEMORANDUM1

OBERDORFER, District Judge.

This litigation is before the Court on plaintiffs' motions for partial summary judgment and a preliminary injunction. The 70 or so plaintiffs are orphans who were aboard a Lockheed-built and Air Force-operated C-5A military transport plane when it crashed near Saigon, Vietnam, on April 5, 1975, and who were subsequently adopted by families in Europe and Canada. The first of these foreign...

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