IN RE: Air Crash Disaster at Anchorage, Alaska, on November 27, 1970

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RA ee OY
1 ® BEFORE THE JUDICIAL PANEL il ERE Fy	ON oe
MULTIDISTRICT LITIGATION APR	2g 197
IN RE AIR CRASH DISASTER AT ) Cen sy
ANCHORAGE, ALASKA ON ) DOCKET NO. 95
NOVEMBER 27, 1970 )
OPINION AND ORDER
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 }
PER CURIAM
On November 27, 1970, a military charter flight operated
by Capitol International Airways enroute to Vietnam crashed near
[ Anchorage, Alaska. Forty-six passengers and one crew member were
fatally injured, eighteen persons were seriously injured and
thirty-four sustained minor injuries. Three cases arising out of
this crash are now pending in three different districts. On its
own initiative the Panel has considered transfer of these actions
to a single district for coordinated or consolidated pretrial
proceedings. After considering the responses of the parties and
the arguments presented at hearing, we decline to order transfer
at this time. Our decic’'	=n "¢ ill.out prejudice to the right of
any party to move for transf.. at a later time or of the Panel to
reconsider transfer on its own initiative.
* Although Judges hizo: and rd were unable to attend the
hearing, they have, with +he or acer of the parties, participated
in this decision.

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d ® Not all parties to these actions have responded to the
order to show cause,” but all those who have responded, including
Oklahoma plaintiffs and many of the defendants in the Oklahoma
actions, favor transfer to a single district. Three of the Oklahoma
defendants, Capitol International Airways, C.I.T. Corp. and Goodyear
Tire and Rubber Co. have also indicated their preference for the
Western District of Oklahoma as transferee district. They urge
that the eyewitnesses to the crash, the survivors and the defen-
dants are scattered across the country and that the Western
District of Oklahoma is a central geographical forum in which
this litigation might be consolidated. The Oklahoma plaintiffs
and the other defendants, McDonnell-Douglas, The Bendix Corp.,
Firestone Tire and Rubber and Hydro-Aire, are also agreeable to
8 selection of that district as transferee district.
Although we think it clear that these cases do share
common questions of fact concerning the events surrounding the
crash, there are too few actions at this point to justify transfer
to a single district for coordinated or consolidated pretrial
proceedings. Because of the large number of fatalities and
serious injuries resulting from this crash, additional actions
on behalf of passengers and crew members are expected. Many of
these will be filed an’ procersed in the state courts, but it is
likely that at least scme of the additional actions will be filed
in the United States District Courts throughout the county.
We think it premature to decide the question of transfer an to
] _1/ No response has been received rom plaintiff in the © 'hernDistrict of New York action.

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920 choose the transferee district until more actions have been filed.
This decision should not prevent the parties from voluntarily
cooperating in the preparation of the presently pending cases
for an early trial.
IT IS THEREFORE ORDERED that transfer of the actions
listed on the attached Schedule A be, and hereby is, DENIED,
without prejudice to the right of any party to move for transfer
at a later time or of the Panel to consider transfer at a later
time on its own initiative. :
QD
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]

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QQ scizoui: 2 DOCKET NO. 95
EASTERN DISTRICT OF OKLAHOMA
Clyde D. Covey, etc. v. C.I.T. Corporation, Civil Action
et al. No. 71-124
WESTERN DISTRICT OF OKLAHOMA
Bill R. Conway v. C.I.T. Corporation; Civil Action
et al. No. CIV-71-454
SOUTHERN DISTRICT OF NEW YORK
Claude C. Turner, etc. v. Capitol International Civil Action
Airways, Inc., et al. -No. 71 Civ. 4709
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