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DATA GENERAL CORP. v. AIR EXP. INTERN. CO.

No. 86 Civ. 7633 (CHT).

676 F.Supp. 538 (1988)

DATA GENERAL CORP., Plaintiff, v. AIR EXPRESS INTERNATIONAL CO., Defendant. AIR EXPRESS INTERNATIONAL CO., Third-Party Plaintiff, v. IBERIA, LINEAS AEREAS DE ESPANA, Third-Party Defendant.

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

January 7, 1988.

Attorney(s) appearing for the Case

Dougherty, Ryan, Mahoney, Pellegrino, Giuffra & Zambito, New York City, for defendant and third-party plaintiff; John J. Hession, of counsel.

Condon & Forsyth by Michael J. Holland, New York City, Celestino Pena, Rego Park, N.Y., for third-party defendant; Michael J. Holland, Edward C. Dial Jr., Celestino Pena, of counsel.

OPINION

TENNEY, District Judge.

This is an action brought pursuant to the Convention for the Unification of Certain Rules relating to International Transportation by Air ("Warsaw Convention") 49 U.S.C. § 1502 (1982), for alleged damage to a cargo of computer parts. Plaintiff Data General Corp. ("Data General") commenced this suit against defendant Air Express International Co. ("Air Express") alleging that a shipment of computer parts was negligently...

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