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GELLER v. DELTA AIR LINES, INC.

No. 87 Civ. 6090 (MEL).

717 F.Supp. 213 (1989)

Miriam S. GELLER and Martin J. Geller, Plaintiffs, v. DELTA AIR LINES, INC., Defendant.

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

July 12, 1989.

Attorney(s) appearing for the Case

Talisman & Rudin, P.C., Mineola, N.Y., for plaintiffs; Alan J. Rich, of counsel.

Gallagher & Gosseen, Mineola, N.Y., for defendant; James A. Gallagher, Jr., David O'Brien, of counsel.

LASKER, District Judge.

Delta Air Lines ("Delta") moves for summary judgment on the basis of the Stipulation between the parties of October 30, 1987 ("the Stipulation") and the plaintiffs' (the Gellers') concession regarding direct physical injury at the February 1, 1989 Pre-Trial Conference, which is reflected in paragraph four of the proposed Joint Pre-Trial Order as initialled by the parties. Delta asserts that, whereas the parties stipulated first, that defendant...

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