Michael Kole, Individually and as Heir of Muriel Kole, Deceased v. Korean Air Lines Co., Ltd.

92 F.3d 1192 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Michael KOLE, individually and as heir of Muriel Kole, deceased, Plaintiff-Appellee, v. KOREAN AIR LINES CO., LTD., Defendant-Appellant. No. 95-15117. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 8, 1996. Decided Aug. 2, 1996. 1 Before: SCHROEDER, LEAVY, Circuit Judges and TRIMBLE, * District Judge. 2 MEMORANDUM ** 3 This appeal arises out of the Korean Air Lines ("KAL") disaster of September 1, 1983. The appellee, Michael Kole, is the husband of crash victim Muriel A.M.S. Kole. Muriel Kole's sister, Marjorie Zicherman, is the personal representative for Muriel Kole's estate. Zicherman initially filed a wrongful death action in the Southern District of New York. See In re Korean Air Lines Disaster of Sept. 1, 1983, 807 F.Supp. 1073 (S.D.N.Y.1992). Kole moved to intervene in the Zicherman action. The district court denied the motion, Zicherman v. Korean Air Lines, Inc., 146 F.R.D. 61…