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SPENCER v. NORTHWEST ORIENT AIRLINES, INC.

201 F.Supp. 504 (1962)

Ray D. SPENCER, Plaintiff, v. NORTHWEST ORIENT AIRLINES, INC., Defendant.

United States District Court S. D. New York.

January 9, 1962.

Attorney(s) appearing for the Case

Fuchsberg & Fuchsberg, New York City, for plaintiff; Mordecai Bressler, New York City, of counsel.

Bigham, Englar, Jones & Houston, New York City, for defendant; Peter J. Magee, New York City, of counsel.

FREDERICK van PELT BRYAN, District Judge.

Defendant moves (1) pursuant to Rule 12(b), F.R.Civ.P., 28 U.S.C.A., to dismiss the action on the ground that this court lacks jurisdiction of the subject matter under Article 28(1) of the Warsaw Convention (49 Statutes at Large, Part 2, pp. 3000, 3020), or (2) pursuant to 28 U.S.C. § 1406(a) to transfer the action to the District Court of Minnesota, Third Division, on the...

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