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GOTZ v. DELTA AIR LINES, INC.

No. CIV. A. 96-12365.

12 F.Supp.2d 199 (1998)

Richard C. GOTZ, Plaintiff, v. DELTA AIR LINES, INC., Defendant.

United States District Court, D. Massachusetts.

July 10, 1998.

Attorney(s) appearing for the Case

Robert D. Cohan, Cohan, Rasnick, Myerson & Marcus, LLp, Boston, MA, for Plaintiff.

Peter J. Black, Bradley M. Henry, Meehan, Boyle & Cohen, P.C., Boston, MA, for Defendant.

MEMORANDUM AND ORDER ON PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

LINDSAY, District Judge.

INTRODUCTION

The plaintiff, Richard C. Gotz, has suffered torn rotator cuffs in his shoulders and seeks to hold Delta Air Lines, Inc. ("Delta") liable for those injuries under the provisions of the Warsaw Convention (the "Convention").1 To succeed, Gotz must establish that...

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