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BOYLE v. TEXASGULF AVIATION, INC.

Nos. 82 Civ. 4997, 83 Civ. 3640, 82 Civ. 0816, 82 Civ. 3913 and 82 Civ. 3912.

696 F.Supp. 951 (1988)

Constance A. BOYLE, Individually and as Administratrix of the Estate of Robert J. Boyle, Deceased, Plaintiffs, v. TEXASGULF AVIATION, INC., Defendants. TEXASGULF AVIATION, INC., Third-Party Plaintiff, v. COLT ELECTRONICS, CO., INC., Phoenix Aerospace, Inc., The Garrett Corporation, Lockheed Corporation, and The United States of America, Third-Party Defendants. The GARRETT CORPORATION, Fourth-Party Plaintiff, v. TEXASGULF, INC., Fourth-Party Defendant. MORGAN GUARANTY TRUST COMPANY OF NEW YORK, as Executor Under the Will of Charles F. Fogarty, Deceased, Plaintiff, v. TEXASGULF AVIATION, INC., Defendants. MORGAN GUARANTY TRUST COMPANY OF NEW YORK, as Executor Under the Will of Charles F. Fogarty, Deceased, Plaintiff, v. The GARRETT CORPORATION, Colt Electronics, Co., Inc., Phoenix Aerospace, Inc., and Lockheed Corp., Defendants. Mary L. McKEE, As Executrix Under the Will of Gordon N. McKee, Deceased, Plaintiff, v. COLT ELECTRONICS, CO., INC., Phoenix Aerospace, Inc., The Garrett Corporation and Lockheed Corporation, Defendants. The GARRETT CORPORATION and Lockheed Corporation, Third-Party Plaintiff, v. TEXASGULF, INC. and Texasgulf Aviation, Inc. Third-Party Defendants. Mary V. DREW, As Executrix Under the Will of Clarence E. Drew, Deceased, Plaintiff, v. COLT ELECTRONICS, CO., INC., Phoenix Aerospace, Inc., The Garrett Corporation and Lockheed Corporation, Defendants.

United States District Court, S.D. New York.

October 6, 1988.

Attorney(s) appearing for the Case

Speiser & Krause, P.C., New York City (Frank H. Granito, Jr., of counsel), for plaintiff Boyle.

Kreindler & Kreindler, New York City (Milton G. Sincoff, of counsel), for plaintiff Morgan Guar.

Whitman & Ransom, New York City (John M. Newell, of counsel), for plaintiffs Drew and McKee.

Siff, Rosen & Parker, New York City (Ignatius John Melito, of counsel), for Texasgulf, Inc. and Zurich Ins. Co.

OPINION

GOETTEL, District Judge.

These related cases (the "Texasgulf cases") are beginning to run like a bad Jaws sequel: "Just when you thought it was safe to close the Texasgulf files ..." With this decision, however, we may finally be able to put an end to the litigation spurred by the tragic 1981 crash of a corporate aircraft at Westchester County Airport.

I. FACTS

On February 11, 1981, a corporate airplane owned...

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