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DAY v. TRANS WORLD AIRLINES, INC.

No. 279, Docket 75-7341.

528 F.2d 31 (1975)

Aristedes A. DAY et al., Plaintiffs-Appellees, v. TRANS WORLD AIRLINES, INC., Defendant-Appellant. Kate KERSEN, Individually and as Administratrix Ad Prosequendum of the Estate of Elbert Kersen, Deceased, Plaintiff-Appellee, v. TRANS WORLD AIRLINES, INC., Defendant-Appellant. John SPIRIDAKIS et al., Plaintiffs-Appellees, v. TRANS WORLD AIRLINES, INC., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 22, 1975.

Attorney(s) appearing for the Case

John N. Romans, New York City (Chadbourne, Parke, Whiteside & Wolff, New York City, P. G. Pennoyer, Jr., Charles K. O'Neill, Hilton H. Stothers, Jr., New York City, of counsel), for appellant Trans World Airlines, Inc.

Nicolas Liakas, New York City (Mailman & Volin, New York City, of counsel), for appellees Aristedes A. Day and Constantine Day.

Melvin I. Friedman, New York City (Kriendler & Kriendler, New York City, Milton G. Sincoff and Alan J. Konigsberg, New York City, of counsel), for appellee Kate Kersen.

Before KAUFMAN, Chief Judge, and SMITH and FEINBERG, Circuit Judges.

IRVING R. KAUFMAN, Chief Judge:

On August 5, 1973, at Hellenikon Airport in Athens, Greece, two Palestinian terrorists hurled three grenades and unleashed a salvo of small-arms fire into a line of passengers preparing to board TWA Flight 881 to New York. Three people died and more than forty others were injured by this senseless act of violence.

The Warsaw Convention,1 as modified by the...

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