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UPTON v. IRAN NAT. AIRLINES CORP.

No. 75 Civ. 6084 (CMM).

450 F.Supp. 176 (1978)

Margie L. UPTON, Individually and as Administratrix of the Estate of Larry L. Upton, Deceased, etc., and Jerrie Nimtz and Judy Nimtz, Individually, and Rita Mae Glantz, as Administratrix of the Estate of Michael John Nimtz, Deceased, and Alfred E. Caswell, Plaintiffs, v. IRAN NATIONAL AIRLINES CORPORATION, Defendant.

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

May 5, 1978.

Attorney(s) appearing for the Case

Kreindler & Kreindler, New York City, for plaintiffs; Alan J. Konigsberg, James D. Veach, New York City, of counsel.

Condon & Forsyth, New York City, for defendant; George N. Tompkins, Jr., Desmond T. Barry, Jr., New York City, of counsel.

METZNER, District Judge:

This is an action for wrongful death and for personal injuries sustained when the roof of the main terminal at Mehrabad International Airport, Teheran, Iran, collapsed on December 5, 1974.

Defendant moves pursuant to Fed.R. Civ.P. 12(b)(6) and 56 for partial summary judgment on the issue of liability on plaintiffs' Second and Sixth Claims. Plaintiffs Upton and Caswell cross-move for partial summary judgment on those claims.

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