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IN RE AIRCRASH DISASTER AT MALAGA, SPAIN

MDL No. 530.

611 F.Supp. 903 (1985)

In re AIRCRASH DISASTER AT MALAGA, SPAIN ON SEPTEMBER 13, 1982 This Document Relates To De Gazpio and Gutierrez v. Spantax Case No. 83 Civ. 3963.

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

June 25, 1985.

Attorney(s) appearing for the Case

Smiley, Olson, Gilman & Pangia, Washington, D.C. (Daniel F. Hayes, Washington, D.C., of counsel), for plaintiff.

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

MEMORANDUM AND ORDER

NICKERSON, District Judge.

Defendant Spantax, S.A. (Spantax) moves for dismissal of or summary judgment on the De Gazpio and Gutierrez complaints on the ground that plaintiffs lack capacity to sue under Federal Rule of Civil Procedure 17(b).

Plaintiffs assert claims for the wrongful death of their respective spouses in an airplane crash in Malaga, Spain on September 13, 1982. Jurisdiction is based on the Convention for the Unification...

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