In Re Paris Air Crash of March 3, 1974. Doris Leah Kalinsky v. McDonnell Douglas, General Dynamics, the United States and Turkish Airlines

The instant action arises out of an aircraft accident on March 3, 1974, near Paris, France, which claimed the life of, among others, plaintiffs’ decedent, Nancy Kalin-sky.

The operative complaint (Third Amended Complaint) was filed July 8, 1975, by plain tiffs, naming as defendants McDonnell Douglas Corporation, General Dynamics Corporation, Turk Hava Yallari (Turkish Airlines), and the United States of America. All named defendants answered the Third Amended Complaint.

On February 10, 1977, plaintiffs’ counsel, and counsel for McDonnell Douglas and General Dynamics, stipulated, and the trial court so ordered, that plaintiffs would try their action for compensatory damages against McDonnell Douglas and General Dynamics. Such a trial was held and plaintiffs were awarded $25,000. Plaintiffs appealed this judgment but did not file the notice of appeal until 44 days after the judgment. Defendants McDonnell Douglas and General Dynamics then made a motion before this court to dismiss the appeal under Rule 4 of the Federal Rules of Appellate Procedure (F.R.A.P.) on the grounds that the notice of appeal was not timely filed.

Under Rule 4(a), the notice of appeal “shall” be filed with…