IN RE: Multidistrict Civil Actions Involving the Air Crash Disaster at Ardmore (Gene Autry), Oklahoma on April 22, 1966

Case MDL No. 11 Document 2 Filed 04/29/15 Page 1 of 7
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THE JUDICIAL PANEL OCT 17 1968 BERENS
ON amas nd
2IAL PANE}, FOR
MULTIDISTRICT LITIGATION WULTIDISTRICY (JIGATION' PERL re .
. SIONAL CLERK :
IN RE MULTIDISTRICT CIVIL ACTIONS ) . :
INVOLVING THE AIR CRASH DISASTER AT )
ARDMORE (GENE AUTRY) OKLAHOMA ON ) DOCKET NO. 11
APRIL 22, 1966 ) ) Co
OPINION AND ORDER TRANSFERRING CIVIL ACTIONS
UNDER SECTION 1407, TITLE 28, UNITED STATES CODE
TO THE EASTERN DISTRICT OF OKLAHOMA
BEFORE ALFRED P. MURRAH AND JOHN MINOR WISDOM, CIRCUIT JUDGES, AND :
EDWARD WEINFELD, EDWIN A. ROBSON, WILLIAM H. BECKER, JOSEPH S.
LORD, III, AND STANLEY A. WEIGEL, DISTRICT JUDGES :
EDWIN A. ROBSON, CIRCUIT JUDGE .
This matter came up for consideration on September 18,
1968, pursuant to the Panel's order to show cause why the actions }
listed on the attached Schedule A should not be consolidated and
transferred to a district or districts other than those in which they :
are now pending. This show cause order was entered on the initiative :
of the Panel pursuant to Section 1407(c) (i).
On April 22, 1966, a chartered flight of American Flyers
Airline Corporation carrying military personnel crashed while landing
at Ardmore, Oklahoma. Eighty-two of the 98 persons on board were

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killed and the balance seriously injured. There are 19 civil actions
now pending arising from this accident in four different federal
district courts.
All counsel in the cases listed on Schedule A were notified
of the hearing, some of whom filed memorandums and briefs in opposition
to consolidating and transferring.
As a result of communications received from counsel for
| defendant American Flyers Airline Corporation and certain plaintiffs,
it appears that certain cases have been dismissed or settled and those
that remain pending and affected by this transfer are set forth on
Schedule B hereto attached.
® A hearing was had (a copy of the transcript is cn file) with the Clerk for the Panel) and the argument of counsel considered.
From the record in the case, it appears that the situs of the crash,
many of the witnesses and many of the documents are in the Eastern
District of Oklahoma. It further appears that trials have been had
and settlements made in the said district. Chief Judge Edwin Langley
of said district has indicated that he is willing and able to accept
the responsibility for the supervision and the pretrial of these
remaining cases. We are satisfied that the consolidation of all cases
1/ Although certain of these cases were transferred to the Eastern
District of Oklahoma pursuant to 28 U.S.C. $1404(a), motions to transfer
other cases to that court have been eapeimmbigy denied. Schmidt wv.
American Flyers Airline Corp., 260 F. Supp. 813 (S.D., N.Y. 1966);
Scaramuzzo v. American Flyers Airline Corp., 260 F. Supp. 746 (E.D.,
N.Y. 1967); Farrell	v. American Flyers Airline Corp., 42 F.R.D. 341
(S.D., N.Y. 1967), mandamus denied 385 F.2d 936 (2d Cir., 1967), cert.
® denied 83 S. Ct. 1262 (1968).

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now pending arising from the April 22, 1966, crash in the Eastern
District of Oklahoma will be for the convenience of the parties and
witnesses, and will best promote the just and efficient conduct of
these cases.
IT IS THEREFORE ORDERED that those actions listed on
Schedule B pending in districts other than the Eastern District of
Oklahoma be and the same are hereby transferred on the initiative of
the Panel under 28 U.S.C. 81407 to the Honorable Edwin Langley, Chief
Judge of the Eastern District of Oklahoma and to the Eastern District
of Oklahoma all with the consent in writing of the transferee court
which has been filed with the Clerk of the Panel.
@® FOR THE PANEL:
) 0) Edwin A. Robson
®

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: AIR CRASH DISASTSR ON APRIL 22, 1966,
® AT ARDMORE, OKLAHOMA . Ce
Eastern District of Oklahoma
1. Pica v, American Flyers Airline Corp. HL,
2, Meins v, American Flyers Airline Corp. | 67-102 :
) 3. Bilgen v. American Flyers Airline Corp. 67-115
4, Wofford v. American Flyers Airline Corp, © 67-26
. 5. Wright v. American Flyers Airline Corp. 67-35
6. Wright v, American Flyers Airline Corp. 67-36
7. Turner, et al. v. American Flyers Airline Corp, 6218
. 8. Dawkins, et al. v. American Flyers Airline Corp. e224
9. Vasquez v. American Flyers Airline Corp. 67-164
10. Dolecki v, American Flyers Airline Corp. 67-165 ot
11. Dolecki v. American Flyers Airline Corp. 57-166
12, Edwards v. American Flyers Airline Corp. , et al. 68-35
® _ 13. Leanos v, American Flyers Airline Corp., et al. 68-38
- lu, Muskaletto v. American Flyers Airline Corp., et al. 68-41
15, Vigil v, American Flyers Airline Corp, 68-79
16. Bower v, American Flyers Airline Corp. 68-77
17. O'Keefe v, American Flyers Airline Corp. 68-70
18. Edwards v, American Flyers Airline Corp. 68-78
19, Pica, et al. v. U.S.A. | 68-91
20, Pica v. American Flyers Airline Corp. K 68-101
21, Marr Vv. U.S.A. 68-76
@ |

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® : Eastern District of Pennsylvania Co Co
CIVIL NO, ’
22, Deeney v. American Tlvers Airline Corp. 43031
23. Benevento v, American Flyers Airline Corp, 43032
4, Leone v, American Flyers Airline Corp, 43033
: . Northern District of Texas
25. Gray v, American Flyers Airline Corp. © 3-2594C
Southern District of New York :
| 26. Schmidt v. American Flyers Airline Corp. 66 C 2291
27. McGuigan, et al, v, American Flyers Airline Corp. 67 C 1630 ’
28. Farrell, et al, v. American Flyers Airline Corp, 67 C 183
29. Kennelly, et al. v. American Flyers Airline Corp. 67C 302
30. Wills v. American Flyers Airline Corp. 67 C 1562
31. Davidson v. American Flyers Airline Corp, : 67 C 1772 .
® 32. Gorman v. American Flyers Airline Corp, 67 C 2540
- 33. Lindenberg v. American Flyers Airline Corp, 67 C 4833
© 34, Atkins v, Amcrican Flyers Airline Corp, 68 C 1519

Case MDL No. 11 Document 2 Filed 04/29/15 Page 6 of 7
® AIR CRASH DISASTER ON APRIL 22, 1966
AT ARDMORE, OKLAHOMA
SCHEDULE B
Eastern District of Oklahoma
Civil No.
1. Pica v. American Flyers Airline Corp. 67-69
2. Heins v. American Flyers Airline Corp. 67-102
| 3. Bilgen v. American Flyers Airline Corp. 67-115
4. Turner, et al. v. American Flyers Airline Corp. 6218
5. Dawkins, et al. v. American Flyers Airline Corp. 6224
6. Dolecki v. American Flyers Airline Corp. 67-165
7. Dolecki v. American Flyers Airline Corp. 67-166
® 8. Edwards v. American Flyers Airline Corp., et al. 68-359, Vigil v. American Flyers Airline Corp. 68-79
10. Bower v. American Flyers Airline Corp. 68-77
11. O'Keefe v. American Flyers Airline Corp. 68-70
12. Edwards v. American Flyers Airline Corp. 68-78
13. Pica, et al. v. U.S.A. 68-91
14. Pica v. American Flyers Airline Corp. 68-101
15. Marr v. U.S.A. 68-76
16. Marr v. Adair 68-90
Eastern District of Pennsylvania
17. Deeney v. American Flyers Airline Corp. 43031
18. Leone v. American Flyers Airline Corp. 43033
®

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Northern District of Texas
19. Gray v. American Flyers Airline Corp. 3-2594C
20. Pica v. Pigman CA-4-994
Southern District of New York
: 21. Wills v. American Flyers Airline Corp. 67 C 1562
22. Gorman v. American Flyers Airline Corp. 67 C 2540
: 23. Lindenberg v. American Flyers Airline Corp. 67 C 4833