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SIBEN v. AMERICAN AIRLINES, INC.

No. 95 Civ. 3867 (RWS).

913 F.Supp. 271 (1996)

Andrew B. SIBEN and Leslie Hyman Siben, Plaintiffs, v. AMERICAN AIRLINES, INC., Defendant.

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

January 30, 1996.

Attorney(s) appearing for the Case

Bauman & Kunkis, P.C., New York City (Christopher Kendric, of counsel), for plaintiffs.

Biedermann, Hoenig, Massamillo & Ruff, New York City (Peter Hoenig, Michael Buchman, of counsel), for defendant.

OPINION

SWEET, District Judge.

Defendant American Airlines, Inc. ("American") moves for partial summary judgment declaring that the rights of the parties are governed by the Warsaw Convention, thus limiting the Plaintiffs, Andrew Siben and Leslie Hyman Siben (the "Sibens") remedy for their lost luggage, and in the alternative, for dismissal under 12(b)(6) F.R.Civ.P. on the grounds that the Sibens fail to state a claim under any applicable theory of...

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