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DISTRIBUIDORA DIMSA v. LINEA AEREA DEL COBRE

No. 90 Civ. 7156 (MBM).

785 F.Supp. 49 (1992)

DISTRIBUIDORA DIMSA S.A., Plaintiff, v. LINEA AEREA DEL COBRE S.A. d/b/a Ladeco, Defendant.

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

February 26, 1992.

Attorney(s) appearing for the Case

David L. Mazaroli, Yorkston W. Grist, P.C., New York City, for plaintiff.

Stephen J. Fearon, Condon & Forsyth, New York City, for defendant.

OPINION AND ORDER

MUKASEY, District Judge.

On June 27, 1991 I denied plaintiff's motion for partial summary judgment striking a defense based on the liability limitation in Article 9 of the Warsaw Convention (the "Convention"), and in so doing found that this case is governed by the Second Circuit's holding in Exim Industries, Inc. v. Pan American World Airways, Inc., 754 F.2d 106 (2d Cir.1985), which remains good...

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