This was a tort action on behalf of Vietnamese orphans for injuries suffered in a tragic aviation accident in South Vietnam in 1975. The suit was eight years old and had already suffered through four appeals. Seven years after the action was filed, the district court granted partial summary judgment for those children who were adopted by non-U.S. parents holding that D was liable for the costs of diagnostic examinations of the children. The court found that forty adopted children living in France faced irreparable injury unless they promptly obtained diagnostic examinations. The court entered an injunction pendente lite for D to create a $450,000 fund for payment of the examinations. D appealed under the Sims doctrine.

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