BODE v. PAN AMERICAN WORLD AIRWAYS, INC.

No. 84-3416.

786 F.2d 669 (1986)

Opal BODE and George Bode, Jr., Individually and On Behalf of the Minors, Lisa Marie Bode and Stephanie Lynn Bode, Plaintiffs-Appellees, Colonial Mortgage Company, Intervenor-Appellee, v. PAN AMERICAN WORLD AIRWAYS, INC. and Travelers Indemnity Company, Defendants-Appellants. Theresa MARVIN, Individually and On Behalf of her minor daughter, Shannon Marvin, Plaintiff-Appellee, v. PAN AMERICAN WORLD AIRWAYS, INC. and Travelers Indemnity Company, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 7, 1986.


Attorney(s) appearing for the Case

Francis G. Weller, Deutsch, Kerrigan & Stiles, Marc J. Yellin, Emmet J. Schwartzman, Frederick R. Bott, New Orleans, La., for defendants-appellants.

Nick F. Noriea, Jr., New Orleans, La., for Bode, et al.

Bagot & Gniady, Michael H. Bagot, John H. Gniady, New Orleans, La., for Colonial Mortg.

Before WISDOM and POLITZ, Circuit Judges.


POLITZ, Circuit Judge:

This chapter in the judicial culmination of the tragic crash of Pan American World Airways Flight 759, on takeoff from Moisant International Airport on July 9, 1982, involves bystanders and near-bystanders. The plaintiffs are Opal Bode and George Bode, Jr., whose home was within 50 feet of the point of impact; their daughter Stephanie Lynn, who was home with her mother at the time of the crash; their daughter Lisa Marie, who was running home...

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