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RAILROAD SALVAGE OF CONN., INC. v. JAPAN FREIGHT CONSOLIDATORS

No. 80 CIV 3089.

556 F.Supp. 124 (1983)

RAILROAD SALVAGE OF CONN., INC., Plaintiff, v. JAPAN FREIGHT CONSOLIDATORS (U.S.A.) INC., Venus Communications, Ltd. and Y. Mori, Defendants.

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

January 27, 1983.

Attorney(s) appearing for the Case

Bell, Kalnick, Beckman, Klee & Green, Allen Green and James Schwartz, New York City, of counsel, for plaintiff.

Schoeman, Marsh, Updike & Welt, Charles B. Updike and Elizabeth Hellman Cooper, New York City, of counsel, for defendant Japan Air Freight Consolidators (U.S.A.)

MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

Plaintiff, Railroad Salvage of Conn., Inc. ("Railroad Salvage"), has moved before trial, for an order declaring that the Warsaw Convention ("the Convention"), 49 Stat. 3000, 49 U.S.C. § 1502 note (1976), does not apply to this action for conversion, negligence and breach of contract. More particularly, Railroad Salvage contends that defendant Japan Freight...

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