LUMBARD, Circuit Judge.
The narrow issue in this case is whether plaintiff may bring a civil action based on either the Warsaw Convention, 49 Stat. 3000 (1934), or the Federal Death on the High Seas Act, 46 U.S.C.A. §§ 761-767, for a death which allegedly occurred in the airspace over the high seas.
Since this case was disposed of on a dismissal of the complaint, the facts before us are those alleged in the complaint, as amended.
Plaintiffs...
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