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SMITH v. CANADIAN PACIFIC AIRWAYS, LTD.

No. 26, Docket 71-1238.

452 F.2d 798 (1971)

Edmund J. SMITH, Plaintiff-Appellee, v. CANADIAN PACIFIC AIRWAYS, LTD., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 6, 1971.

Attorney(s) appearing for the Case

Carroll E. Dubuc, New York City, Haight, Gardner, Poor & Havens, New York City (William J. Junkerman, New York City, of counsel), for defendant-appellant.

Herbert Zelenko, New York City (Abraham E. Freedman and Ned R. Phillips, New York City, of counsel), for plaintiff-appellee.

Before LUMBARD, MANSFIELD and OAKES, Circuit Judges.

OAKES, Circuit Judge:

This appeal relates to the Warsaw Convention, Article 28.1 Action was commenced in the Southern District of New York by appellee, Edmund J. Smith, a merchant seaman employed aboard American flag vessels operating out of Japan, against appellant, Canadian Pacific Airways, Ltd., a Canadian corporation engaged in the business of transporting passengers by air. Appellee seeks to recover damages for personal injuries allegedly...

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