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NUDO v. SOCIETE ANONYME BELGE D'EXPLOITATION, ETC.

Civ. A. No. 31022.

207 F.Supp. 191 (1962)

Elizabeth NUDO and Elliott Lovering, Co-Administrators of Estate of Margaret Pozzuolo, Deceased, and Elizabeth Nudo, Administratrix for Estates of Rose Marie Pozzuolo, Deceased, and Gene Louise Pozzuolo, Deceased, Minors v. SOCIETE ANONYME BELGE D'EXPLOITATION DE LA NAVIGATION AERIENNE SABENA BELGIAN WORLD AIRLINES (a Belgian Corporation).

United States District Court E. D. Pennsylvania.

July 2, 1962.

Attorney(s) appearing for the Case

Joseph P. Gorham, Philadelphia, Pa., for plaintiff.

Owen B. Rhoads, Dechert, Price & Rhoads, Philadelphia, Pa., for defendant.

GRIM, Senior District Judge.

This action arises out of the deaths of passengers in an airplane crash in Belgium. Defendant has moved to dismiss on the ground that this court has no jurisdiction of the action. The parties agree that since the airplane was on an international flight the question of jurisdiction is governed by Article 28 of the Warsaw Convention, 49 Stat. 3000:

"(1) An action for damages must be brought, at the option of the plaintiff, in the...

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