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KLOS v. POLSKIE LINIE LOTNICZE

No. 379, Docket 97-7073.

133 F.3d 164 (1997)

Stefania KLOS, Personal Representative of the Estate of Stanislaw Klos, Deceased; Jolanta Sawicki, Personal Representative of the Estates of Waclaw Wojewodzski, Deceased, and Rozalia Wojewodzski, Deceased, Plaintiffs-Appellees, v. POLSKIE LINIE LOTNICZE, aka LOT Polish Airlines, Defendant-Appellant, Estate of Zygmunt Pawlaczyk; Estate of Leopold Karcher; Union of Soviet Socialist Republics; Ministry of the Aviation Industry of the Soviet Government; Aviaexport; Kazan Aviation Plant; Soloviev Aviation & Engine Manufacturing Co., Ltd., Inc.; Foreign Corps. & Foreign Citizens, Defendants.

United States Court of Appeals, Second Circuit.

Decided December 8, 1997.

Attorney(s) appearing for the Case

Bruce J. Ressler, Ressler & Ressler, New York City, for plaintiffs-appellees.

John F. Schutty, III, Condon & Forsyth, New York City, for defendant-appellant.

Before: VAN GRAAFEILAND and McLAUGHLIN, Circuit Judges, and POLLACK, District Judge.

McLAUGHLIN, Circuit Judge:

LOT Airlines appeals from a judgment of the United States District Court for the Eastern District of New York (Nickerson, J.) awarding plaintiffs $75,000 per decedent in their wrongful death action. LOT Airlines argues that the district court erred when it failed to dismiss plaintiffs' complaint for lack of subject matter jurisdiction. We agree and, therefore, reverse.

BACKGROUND

Polskie Linie Lotnicze, also known...

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