IN RE: Mid-Air Collision Near Hendersonville, North Carolina on July 19, 1967

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7 F Lape 237 ]
MULTIDISTRICT LITIGATION JUDICIAL PANEL FOR Bas
A RNS
PROYISI SAL
IN RE MULTIDISTRICT CIVIL ACTIONS ) VISIONAL Clea paINVOLVING THE MID-AIR COLLISION NEAR ) :
HENDERSONVILLE,	NORTH CAROLINA ON . ) DOCKET NO. 13
JULY 19, 1967 )
OPINION AND ORDER TRANSFERRING MULTIDISTRICT Co
CIVIL ACTIONS UNDER SECTION 1407, TITLE 28, Ee
UNITED STATES CODE, TO THE WESTERN DISTRICT Co
OF NORTH CAROLINA Lo
BEFORE ALFRED P. MURRAH, CHAIRMAN, AND JOHN MINOR WISDOM,
EDWARD WEINFELD, EDWIN A. ROBSON, WILLIAM H. BECKER, JOSEPH
S. LORD, III, AND STANLEY A. WEIGEL, JUDGES OF THE PANEL i
PER CURIAM 5
On July 19, 1967, a Boeing 727 being operated by :
Piedmont Aviation, Inc., collided in mid-air with a private
aircraft near Hendersonville, North Carolina resulting in
the death of 82 persons. Litigation has been commenced in Ce
various federal and state courts on behalf of the estates .
of many of the persons who dled in this catastrophe. On B
November 19, 1968, the defendant Lanseair, Inc., filed a )
motion with this Panel requesting the transfer of all pending
federal actions to the United States District Court for the
Wectern District of North Carolina for coordinated or
consolidated pretrial proceedings. At that time, there i.
vere 61 cases pending in the Western District of North

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° Coe
Carolina, two pending in the Western District of Missouri
and one case, involving claims by the estates of thirteen
decedents, pending in the Southern District of New York ,/
(See Schedule A) Oral argument on thls motion was held in
Chicago, Illinois on December 6, 1968.
Prior to this hearing, Judge Inzer B. Wyatt of the
Southern District of New York, transferred the case pending
in that court to the Western District of North Carolina for
all purposes pursuant to 28 U.S.C. §1404(a). A motion to
transfer the two Western District of Missouri cases under
Section 1404(a) was also filed in that court but disposition
® of 1t has been deferred pending disposition of the motion
before us,
All parties were represented at the December 6th hearing
and although all favored consolidated or coordinated pretrial
proceedings in the Western District of North Carolina,2/ counsel
disagreed as to the proper action to be taken by us and the
timing of such action.
Counsel representing the United States in the two cases
pending in Missouri urged us to take no action on the Section
1407 motion until the motion to transfer those two cases to
the Western District of North Carolina for all purposes pursuant
1/7 At thehearing, we were furnished with an affidavit which
relates that thirty-five related cases are pending in
. state courts in North Carolina and Illinois.
® 2/ We note that the federal court and the North Carolina state
court are cooperating with regard to discovery. We think
such cooperation between state and federal courts promotes
the just and efficient conduct of such litigation and is
to be highly commended.

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® 3.
to Section 1404(a) is ruled on by Judge Collinson. Counsel
for the plaintiffs requested an immediate Section 1407 transfer
and point out quite correctly that Judge Collinson may con-
sider transfer of the cases for trial under Section 1404 (a)
following completion of pretrial proceedings. It is also
urged that these two cases are somewhat different from the
other actions involved in this litigation as they have been
brought to the representatives of the estates of the two
passengers of the private plane. We do not decide whether
this difference will make a subsequent consolidation for
trial inappropriate but it is uncontroverted that transfer
® for coordinated or consolidated pretrial proceeding will be
for the convenience of parties and witnesses and will promote
the just and efficient conduct of these actions. We see no
reason to delay such a transfer.
Counsel for the plaintiffs in the New York case favored
transfer of that case for coordinated or consolidated pre-
trial proceedings under Section 1407, but strongly opposed
the Section 1404(a) transfer and have announced their
intention to seek review of Judge Wyatt's order by an appro-
priate extraordinary writ. They urged us to transfer that
case pursuant to Section 1407 so that consolidated pretrial
proceedings may proceed while they seek review of the Section
® 1404 (a) transfer.

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Assuming, without deciding, that we still have juris-
diction to transfer the New York case,3/ we decline to do so
for action by the Panel at this time could disrupt the review
proceeding now in process. Cf. In re Multidistrict Civil
Treble Damage Antitrust Litigation Involving Plumbing Fixtures,
F.Supp. (Judiclal Panel on Multidistrict Litigation,
December 27, 1968). If the Section 1404(a) transfer order is
set aside, the partles may request a transfer under Section
1407 and in the meantime they may make arrangements to
participate in the discovery taking place in North Carolina.t/
IT IS THEREFORE ORDERED that the two cases listed on
® the attached Schedule A now pending in the Western District
of Missouri be and they are hereby transferred for coordinated
or consolidated pretrial proceedings to the Western District
of North Carolina and with the consent of the court heretofore
filed with the Clerk of the Panel, assigned to the Honorable
Woodrow Wilson Jones.
Attachment
3/ Counsel for the defendants argue that this case is no
longer pending in the Southern District of New York
and thus may not be transferred under Section 1407.
® 4/ Counsel for the plaintiffs filed an affidavit with the	Panel agreeing to be bound by the North Carolina dis-
covery proceedings. Counsel representing the defendant
at the December 6, 1968 hearing also agreed to participate
in and be bound by the North Carolina discovery proceedings.

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@ SCHEDULE A
SOUTHERN DISTRICT OF NEW YORK
1. George E. Farrell v. Piedmont Aviation, Civil Action
Inc., et al. No. 2538
WESTERN DISTRICT OF MISSOURI
2. Marian J. Reynolds v. United States of Civil Action
America No. 2434
3. Jacquelyn F. Anderson v. United States Civil Action
of America No. 2435
WESTERN DISTRICT OF NORTH CAROLINA
4. Jo K. Krauel v. Piedmont Aviation, Inc., Civil Action
et al. and United States of America No. 2736
5. Leonard G. Wright v. Piedmont Aviation, Civil Action
® Inc., et al. No. 2754
6. Mrs. Mabel F. Vaughn v. Piedmont Aviation, Civil Action
Inc., et al. No. 2789
7. Mrs. Doris Lavner Feingerts v. Piedmont Civil Action
Aviation, Inc., et al. No. 2790
8. Mrs. Virginia Lee Lambert v. Piedmont Civil Action
Aviation, Inc., et al. No. 2793
9. Mrs. Yvonne Malee Gilmore v. Pledmont Civil Action
Aviation, Inc., et al. No. 2807
10. Mrs. Catherine Segars v. Piedmont Civil Action
Aviation, Inc., et al. Nec. 2822
11. Leonard G. Wright v. United States of Civil Action
America No. 2825
12. Jefferson H. Bruton v. United States Civil Action
of America No. 2836
13. Mrs. Doris Lavner Feingerts v. United Civil Action
States of America Ne. 2839

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14, Mrs. Evelyn H. Lewis v. Piedmont Aviation Civil Action
Inc., et al. No. 2846
15. Calvin R. Cox v. Unlted States of America Civil Action
No. 2875
16, J. Wallace Paletou v. Piedmont Aviation Civil Action
Inc., et al. No. 2880
17. Mrs. Yvonne Malee Gilmore v. United Civil Action
States of America No. 2886
18. June McKelvey Salley Vv. Lanseair, Inc., Civil Action
et al. No. 2887
19. June McKelvey Salley v. United States Civil Action
of America No. 2888
20. Mattie Zulema Laughlin v. Piedmont Civil Action
Aviation Inc., et al. No. 2889
21, Jefferson H. Bruton v. Piedmont Civil Action
Aviation Inc., et al. No. 2890
® 22. Jefferson H. Bruton v. United States Civil Action
of America No. 2898
23. Jefferson H. Bruton v. Unlted States Civil Action
of America No. 2899
24, Jefferson H. Bruton v. United States Civil Action
of America No. 2900
25. Jefferson H. Bruton v. United States Civil Action
of America No. 2901
26. Paul Clarence Freeman, Sr. v. United Civil Action
States of America No. 2903
27. J. Wallace Paletou v. United States Civil Acticn
of America No. 2904
28. F. F. McNaughton v. United States of Civil Action
America No. 2905
29. Jefferson H. Bruton v. United States Civil Action
of America No. 2305
30. Mrs. Evelyn H. Lewis v. United States Civil Action
® of America No. 2908

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31. Jefferson H. Bruton v. United States of Civil Action
America No. 2909
32. Jefferson H. Bruton v. United States of Civil Action
America No. 2910
33. Jefferson H. Bruton v. United States of Civil Action
America No. 2911
34. Jefferson H. Bruton v. United States of Civil Action
America No. 2912
35. Mrs. Catherine Segars v. United States Civil Action
of America No. 2913
36. Jefferson H. Bruton v. United States of Civil Action
America No. 2914
37. Jefferson H. Bruton v. United States of Civil Action
America No. 2916
38. Henry B. Sinclair v. United States of Civil Action
America No. 2820
® 39. Henry B. Sinclair v. United States of Civil ActionAmerica Ne. 2921
40. Henry B. Sinclair v. United States of Civil Action
America No. 2922
41. Henry B. Sinclair v. United States of Civil Action
America No. 2923
42, Jefferson H. Bruton v. United States of Civil Action
America No. 2925
43, Jefferson H. Bruton v. United States of Civil Action
America and Piedmont Aviation Inc., No. 2829
et al.
44, Jefferson H. Bruton v. United States of Civil Action
America and Piedmont Aviation Inc., No. 2833
et al.
45. Jefferson H. Bruton v. United States of Civil Action
America and Piedmont Aviation Inc., No. 2834
et al.
46. Jefferson H. Bruton v. United States of Civil Action
@ America and Piedmont Aviation Inc., No. 2837
et al.

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47. Jefferson H. Bruton v. United States of Civil Action
America and Piedmont Aviation Inc., No. 2838
et al.
48. Mrs. Virginia Lee Lambert v. United Civil Action
States of America and Piedmont No. 2842
Aviation Inc., et al.
49. Jefferson H. Bruton v. United States of Civil Action
America and Piedmont Aviation Inec., No. 2851
et al.
50. Jefferson H. Bruton v. United States Civil Action
of America and Piedmont Aviation No. 2854
Inc., et al.
51. Mrs. Mabel F. Vaughn v. United States of Civil Action
America and Piedmont Aviation Inec., No. 2855
et al.
52. Paul Clarence Freeman, Sr. v. Piedmont Civil Action
Aviation Inc., et al. and United No. 2861
States of America
® 53. F. F. McNaughton v. Piedmont Aviation Civil Action
Inc., et al, and United States of No. 2870
America
54. Jefferson H. Bruton v. United States of Civil Action
America and Piedmont Aviation Inec., No. 2915
et al.
55. Hattie Hardee v. Piedmont Aviation Inc., Civil Action
et al. No. 2929
36. Jefferson H. Bruton v. United States of Civil Action
America No. 2940
57. C. R. Rouse v. United States of Civil Action
America No. 2944
58. C. R. Rouse v. United States of Civil Action
America No. 2945
59. Donald A. Turgeon v. Piedmont Aviation Civil Action
Inc., et al, and United States of No. 2948
America
60. Donald A. Turgeon v. United States of Civil Action
[ America No. 2949

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61. Jefferson H. Bruton v. United States of Civil Action
America No. 2950
62. Mrs. Margarita F. Jimenez v. Piedmont Civil Action
Aviation Inc., et al. and United No. 2952
States of America
63. Winifred M. Stephens v. Piedmont Aviation Civil Action
Inc., et al. and United States of No. 2959
America
64. Mrs. Margarita F. Jimenez v. United Civil Action
States of America No. 2967