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SEC. INS. CO. OF HARTFORD v. NAT. AIRLINES, INC.

Civ. A. No. 76-77.

413 F.Supp. 493 (1976)

SECURITY INSURANCE CO. OF HARTFORD et al. v. NATIONAL AIRLINES, INC. and Ecuatoriana Airlines, Inc.

United States District Court, E. D. Louisiana.

March 9, 1976.

Attorney(s) appearing for the Case

Valerie Fontaine, New Orleans, La., for plaintiffs.

Francis G. Weller, New Orleans, La., for defendants.

ALVIN B. RUBIN, District Judge:

The petition in this case seeks to recover for lost baggage. The petition states a claim based solely on Louisiana state law. The case was removed to federal court on the basis that 49 U.S.C. § 1373 requires airlines to post tariffs and these include limitations of liability. That the defendant's liability is limited may well be a defense. However, the fact that the tariff is required by a federal law and that liability may thereby...

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