MEMORANDUM AND ORDER
VON DER HEYDT, District Judge.
I. INTRODUCTION.
This cause comes before the court on motion to dismiss for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1), filed September 22, 1992 (Docket No. 22), by defendant Northern Mountain Helicopter. District court jurisdiction was alleged under Article 28(1) of the Warsaw Convention
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