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IN RE AIR CRASH DISASTER NEAR WARSAW, POLAND

No. MDL 787.

707 F.Supp. 650 (1989)

In re AIR CRASH DISASTER NEAR WARSAW, POLAND, ON MAY 9, 1987. This Order Relates to Pogorzelska 88 C 0678, Kiela 88 C 1190.

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

March 6, 1989.

Attorney(s) appearing for the Case

Kreindler & Kreindler (Milton G. Sincoff and Lori B. Lasson, of counsel), New York City, for plaintiffs.

Condon & Forsyth (Desmond T. Barry, Jr. and Christopher Carlsen, of counsel), New York City, for defendant LOT Polish Airlines.

Wolf Popper Ross Wolf & Jones (Michael P. Fuchs and John Mage, of counsel), New York City, for defendant Union of Soviet Socialist Republics.

MEMORANDUM AND ORDER

NICKERSON, District Judge.

This litigation arises from the May 9, 1987 crash of a LOT Polish Airlines (LOT) aircraft shortly after takeoff from Warsaw, Poland enroute to Kennedy International Airport in New York, in which crash 183 persons died. Defendant LOT moves to dismiss the Pogorzelska and Kiela complaints for lack of subject matter jurisdiction under Article 28 of the Warsaw Convention, which all parties agree governs.

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