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BENJAMINS v. BRITISH EUROPEAN AIRWAYS

No. 111, Docket 77-7201.

572 F.2d 913 (1978)

Abraham BENJAMINS, as Personal Representative of the Estate of Hilde Benjamins, Deceased, Plaintiff-Appellant, v. BRITISH EUROPEAN AIRWAYS, Hawker Siddeley Aviation, Ltd., and Hawker Siddeley Group, Ltd., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 6, 1978.

Attorney(s) appearing for the Case

Ronald L. M. Goldman, Marina del Rey, Cal. (Ronald L. M. Goldman & Associates, Marina del Rey, Cal., on brief), for plaintiff-appellant.

George N. Tompkins, Jr., New York City (Condon & Forsyth, Ronald E. Pace and Michael J. Holland, New York City, on brief), for defendant-appellee British European Airways.

James J. Finnerty, Jr., New York City (Mendes & Mount, New York City, on brief), for defendant-appellee Hawker Siddeley Aviation, Ltd.

Before LUMBARD, FEINBERG and VAN GRAAFEILAND, Circuit Judges.

LUMBARD, Circuit Judge:

This appeal, arising out of the death of Hilde Benjamins in the air crash disaster at Staines, England, on June 18, 1972, once again presents us with the much-discussed question whether the Warsaw Convention1 creates a cause of action. The District Court for the Eastern District dismissed the complaint herein, believing itself bound by our prior decisions2 to answer that question in...

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