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KARFUNKEL v. COMPAGNIE NATIONALE AIR FRANCE

No. 76 Civ. 3138.

427 F.Supp. 971 (1977)

George KARFUNKEL and Renee Karfunkel, Plaintiffs, v. COMPAGNIE NATIONALE AIR FRANCE and Singapore Airlines, Ltd., Defendants.

United States District Court, S. D. New York.

March 4, 1977.

Attorney(s) appearing for the Case

Speiser & Krause, P. C., New York City, for plaintiffs; Charles F. Krause, Stuart M. Speiser, Frank H. Granito, Jr., New York City, of counsel.

Haight, Gardner, Poor & Havens, New York City, for defendant Compagnie Nationale Air France; William J. Junkerman, Randal R. Craft, Jr., William F. Martin, Jr., New York City, of counsel.

WYATT, District Judge.

There are two motions before the Court. The first in point of time was made by plaintiffs to strike the Third, Fourth and Fifth affirmative defenses in the amended answer of Compagnie Nationale Air France (Air France). Fed.R.Civ.P. 12(f). The three affirmative defenses questioned by the motion assert defenses based on the Warsaw Convention or on the Montreal Agreement (later mentioned in connection with these defenses).

The second motion...

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