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REED v. WISER

No. 233, Docket 76-7247.

555 F.2d 1079 (1977)

Ruth Ann REED, as Administratrix of the Estate of Dan William Reed, Deceased, and as parent, natural guardian, and best friend of Cynthia Ann Reed, Debora Lynn Reed and Julie Marie Reed, all infants, et al., Plaintiffs-Appellees, v. Forwood Cloud WISER, Jr. and Richard E. Neuman, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 26, 1977.

Attorney(s) appearing for the Case

John J. Martin, New York City, (Edward M. O'Brien, Bigham Englar Jones & Houston, New York City, of counsel), for defendants-appellants.

Melvin I. Friedman, New York City (Lee S. Kreindler, Milton G. Sincoff, Stanley J. Levy, James D. Veach, Kreindler & Kreindler, New York City, of counsel), for plaintiffs-appellees.

Speiser & Krause, P.C., New York City (Charles F. Krause, Joseph J. Pierini, New York City, of counsel), for amicus curiae Sotirios Karras, et al.

Before MANSFIELD, VAN GRAAFEILAND and MESKILL, Circuit Judges.

MANSFIELD, Circuit Judge:

This case, arising out of an aircraft disaster on the high seas, presents the novel and important question of whether airline employees are entitled to assert as a defense the liability limitations of the Warsaw Convention ("the Convention"),1 as modified by the Montreal Agreement.2 We hold that employees are entitled to do so, and reverse and remand with instructions to reinstate...

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