No. 89-5415.

932 F.2d 1475 (1991)

In re KOREAN AIR LINES DISASTER OF SEPTEMBER 1, 1983, Korean Air Lines Company, Ltd., Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 7, 1991.

Rehearing Denied July 5, 1991.

Attorney(s) appearing for the Case

George N. Tompkins, Jr., with whom Desmond T. Barry, Jr., New York City, was on the brief, for appellant.

Steven R. Pounian, with whom Milton G. Sincoff, New York City, Donald W. Madole and George E. Farrell, Washington, D.C., were on the brief, for appellees, Philomena Dooley and 136 others. Juanita M. Madole, Washington, D.C., also entered an appearance, for appellees.

Irene M. Solet and Robert S. Greenspan, Attys., Washington, D.C., Dept. of Justice, entered appearances, for Federal appellees.

Thomas J. McLaughlin, Seattle, Wash., and Mary Rose Hughes, Washington, D.C., entered appearances, for appellee The Boeing Co.

Before MIKVA, Chief Judge, BUCKLEY and THOMAS, Circuit Judges.

Opinion for the court filed by Chief Judge MIKVA, except as to Part II(C).

Opinion for the court as to Part II(C) filed by Circuit Judge BUCKLEY.

Opinion dissenting in part filed by Chief Judge MIKVA.

MIKVA, Chief Judge:

On September 1, 1983, a Korean Air Lines ("KAL") Boeing 747 airliner was shot down somewhere over the Sea of Japan by one of the Soviet Union's SU-15 interceptor aircraft, killing all 269 persons on board.

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