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PASOS v. PAN AMERICAN AIRWAYS

No. 121, Docket 23479.

229 F.2d 271 (1956)

William L. PASOS, Plaintiff-Appellant, v. PAN AMERICAN AIRWAYS, Inc., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 23, 1956.

Attorney(s) appearing for the Case

Nicholas R. Doman, New York City, for appellant.

Dewey, Ballantine, Bushby, Palmer & Wood, New York City (John E. F. Wood and Richard A. Zuniga, New York City, of counsel), for appellee.

Before SWAN, FRANK and LUMBARD, Circuit Judges.

FRANK, Circuit Judge.

1. This is a suit, with federal jurisdiction based on diversity of citizenship, to recover damages for defendant's alleged trespass upon, and unlawful use and occupation of, land in Nicaragua. At common law, such a "local" action could not be maintained in any jurisdiction except that in which the land was located; see Ellenwood v. Mariette Chair Co., 158 U.S. 105, 107, 15 S.Ct. 771, 39 L.Ed. 913. In Livingston...

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