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BERNER v. UNITED AIRLINES

3 A.D.2d 9 (1956)

T. Roland Berner et al., as Executors of William Kapell, Deceased, Respondents, v. United Airlines, Inc., et al., Defendants, and British Commonwealth Pacific Airlines, Ltd., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

December 18, 1956.

Attorney(s) appearing for the Case

George Foster, Jr., of counsel (Cyril Hyde Condon with him on the brief; Condon & Forsyth, attorneys), for appellants.

Aaron Lewittes of counsel (Julian S. Bush, M. Victor Leventritt and Sidney Bender with him on the brief; T. Roland Berner, in person, attorney), for respondents.

BOTEIN, J. P., RABIN, FRANK and VALENTE, JJ., concur.

BERGAN, J.

The Warsaw Convention governing international airline traffic was approved by the United States Senate in 1934 and proclaimed October 29 of that year (49 U. S. Stat. 3000 et seq.). Australia was one of the signatories of the Convention.

Article 28 of the Convention provides that "An action for damages" must be brought "in the territory of one of the High Contracting Parties" either "before...

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