(DOWNLOAD) "Gore v. Trans World Airlines" by Eighth Circuit U.S. Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Gore v. Trans World Airlines
- Author : Eighth Circuit U.S. Court of Appeals
- Release Date : January 26, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
This case is before us for the second time, on appeal from the order of the District Court granting summary judgment to McDonnell Douglas Corporation (MDC) on the wrongful death claim of plaintiff Margret Lowry. Lowry alleges that MDC defectively designed and failed to warn of defects in a United States Air Force F-15 aircraft that crashed at Spangdahlem Air Base in Germany on May 30, 1995, killing Major Donald Lowry, plaintiffs decedent. The District Court concluded that MDC was shielded from liability by the federal military contractor defense set forth in Boyle v. United Technologies Corp., 487 U.S. 500 (1988). Lowry filed her first notice of appeal out of time, and the District Court allowed the defective filing, notwithstanding Lowrys failure to file a motion and make a showing that would justify extending the filing deadline under Federal Rule of Appellate Procedure 4(a). Two days after the notice of appeal was docketed, Lowry did file a motion for an extension under Rule 4(a)(5), but the District Court denied that motion as moot. On MDCs motion, we dismissed the first appeal for lack of jurisdiction. As we will explain in more detail, Lowry then filed a motion with the District Court invoking Federal Rule of Civil Procedure 60(b) and seeking relief from the District Courts earlier orders relating to the untimely notice of appeal. The court granted the motion, which ultimately allowed Lowry to timely file another notice of appeal. We have taken with the case MDCs motion to once again dismiss the appeal for lack of jurisdiction, an issue MDC also raises in a cross appeal from the District Courts decision to grant relief from judgment under Rule 60(b). Cf. Karras v. Karras, 16 F.3d 245, 247 (8th Cir. 1994) (per curiam) (noting that party seeking reversal of district courts failure to grant Rule 60(b) relief should file a notice of appeal from that order). It is to the question of our jurisdiction that we turn first.
 "Gore v. Trans World Airlines" by Eighth Circuit U.S. Court of Appeals # Book PDF Kindle ePub Free){kind=link}