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IN RE AIR CRASH DISASTER AT MALAGA, SPAIN

Nos. 83 C 1264, 83 C 1468. MDL 530.

577 F.Supp. 1013 (1984)

In re AIR CRASH DISASTER AT MALAGA, SPAIN ON SEPTEMBER 13, 1982. This Order Relates to: Lazcano, 83 C 1264, Araque 83 C 1468.

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

January 30, 1984.

Attorney(s) appearing for the Case

Speiser & Krause, P.C., New York City (Frank H. Granito, Jr., New York City, of counsel), for Lazcano's heirs.

Mel Sachs, New York City, for plaintiff Araque.

Condon & Forsyth, New York City (Michael J. Holland, New York City, of counsel), for defendant Spantax, S.A.

MEMORANDUM AND ORDER

NICKERSON, District Judge.

Defendant Spantax, S.A. (Spantax) moves to dismiss the Lazcano and Araque complaints for lack of subject matter jurisdiction under Article 28 of the Warsaw Convention, which all parties agree governs.

Article 28(1) sets forth four places only where suit may be brought. Smith v. Canadian Pacific Airways, Ltd., 452 F.2d 798, 800 (2d Cir.1971). They are the domicile...

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