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SIBLEY v. KLM-ROYAL DUTCH AIRLINES, ETC.

No. 77 Civ. 5880.

454 F.Supp. 425 (1978)

Richard A. SIBLEY, Jr., individually and as sole heir of the Estate of Richard A. Sibley, Deceased and as sole heir and Executor of the Estate of Katharine Sibley, Deceased, and Worcester County National Bank as Executor of the Estate of Richard A. Sibley, Deceased, Plaintiffs, v. KLM-ROYAL DUTCH AIRLINES (KONINKLIJKE LUCHTVAART MAATSCHAPPIJ N.V.), and Pan American World Airways, Inc., Defendants.

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

August 4, 1978.

Attorney(s) appearing for the Case

Speiser & Krause, P. C., New York City, Backman, Katz & Levy, Boston, Mass., for plaintiffs; Charles F. Krause, Daniel F. Hayes, New York City, of counsel.

Condon & Forsyth, New York City, for defendant KLM-Royal Dutch Airlines; George N. Tompkins, Jr., Michael J. Holland, New York City, of counsel.

ROBERT J. WARD, District Judge.

Plaintiffs Richard A. Sibley, Jr. and Worcester County National Bank move for an order, pursuant to Rules 1 and 42(a), Fed.R.Civ.P., and Section 1.80 of the Manual for Complex Litigation, declaring that the Massachusetts wrongful death act, Mass.Ann.Laws ch. 229, § 2 (1974), applies in this action with regard to plaintiffs' claim for punitive damages against defendant KLM-Royal Dutch Airlines ("KLM").1...

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