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BURKE v. PAN AMERICAN WORLD AIRWAYS, INC.

No. 78 Civ. 2035. MDL No. 306.

484 F.Supp. 850 (1980)

Martha BURKE, Plaintiff, v. PAN AMERICAN WORLD AIRWAYS, INC., KLM Royal Dutch Airlines, and the Boeing Company, Defendants.

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

February 19, 1980.

Attorney(s) appearing for the Case

William A. Jennings, San Jose, Cal., for plaintiff.

Condon & Forsyth, New York City, for defendant KLM Dutch Airlines; Stephen J. Fearon, New York City, of counsel.

Townley & Updike, New York City, for defendant Boeing Company; John C. Sabetta, New York City, of counsel.

OPINION

ROBERT J. WARD, District Judge.

Defendants KLM Royal Dutch Airlines ("KLM") and The Boeing Company ("Boeing"), the sole remaining defendants,1 move for summary judgment pursuant to Rule 56(b), Fed.R.Civ.P. Alternatively, defendants seek dismissal of the complaint pursuant to Rules 12(b)(6) and 12(h)(2), Fed.R. Civ.P. For the reasons hereinafter stated, the motions are granted and the complaint is dismissed.

Plaintiff...

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