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SOPCAK v. NORTHERN MOUNTAIN HELICOPTER SERVICE

No. 93-35030.

52 F.3d 817 (1995)

Christel Gisela SOPCAK, Milan Sopcak, Sara June Sopcak, Libuse Mlcoch, Jaraslav Lutz Maryska, et al., Plaintiffs-Appellants, v. NORTHERN MOUNTAIN HELICOPTER SERVICE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 21, 1995.

Attorney(s) appearing for the Case

Gerald C. Sterns, Dennis R. Lods, and Francesca Bannerman, Sterns, Walker & Lods, San Francisco, CA, for plaintiffs-appellants.

Gregory W. Lessmeier, Hughes & Thorsness, Juneau, AK, Mark A. Dombroff and Edward C. DeVivo, Katten, Muchin & Zavis, New York City, for defendant-appellee.

Before: POOLE, BRUNETTI, an KLEINFELD, Circuit Judges.

POOLE, Circuit Judge:

Appellants appeal the district court's Fed. R.Civ.P. 12(b)(1) dismissal of their wrongful death and personal injury action brought under the Warsaw Convention.1 Appellants contend that the district court erred by concluding that it lacked subject matter jurisdiction before allowing them to conduct discovery and holding an evidentiary hearing on the question of jurisdiction. We have jurisdiction under 28 U.S.C. §...

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