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WINSOR v. UNITED AIR LINES

Civ. A. No. 1926.

159 F.Supp. 856 (1958)

Charles H. WINSOR, individually and as Administrator of the Estate of Alma L. Winsor, Deceased, Plaintiff, v. UNITED AIR LINES, Inc., Defendant.

United States District Court D. Delaware.

January 30, 1958.

Attorney(s) appearing for the Case

Stewart Lynch (of Hastings, Lynch & Taylor), Wilmington, Del., for plaintiff. Theodore E. Wolcott, New York City, of counsel.

Edwin D. Steel, Jr., and Harvey S. Kronfeld (of Morris, Steel, Nichols & Arsht), Wilmington, Del., for defendant. Haight, Gardner, Poor & Havens, New York City, of counsel.

LAYTON, District Judge.

In recognition of what appear to be the better-reasoned authorities, defendant concedes for the purposes of this suit that the Warsaw Convention, 49 Stat. 3000, of itself does not create a cause of action.2 Noel v. Linea Aeropostal Venezolana, 2 Cir., 247 F.2d 677.

However, defendant contends that it is not essential for the...

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