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STONE v. MEXICANA AIRLINES, INC.

No. 78-1237.

610 F.2d 699 (1979)

Opal DeLois STONE, Plaintiff-Appellant, v. MEXICANA AIRLINES, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided December 10, 1979.

Attorney(s) appearing for the Case

Stephen McCormick (John B. Stuelpnagel, Denver, Colo., on the brief), of Tucker, Stuelpnagel & Brown, Denver, Colo., for plaintiff-appellant.

W. Robert Ward of Weller, Friedrich, Hickisch & Hazlitt, Denver, Colo., for defendant-appellee.

Before SETH, Chief Judge, and BREITENSTEIN and LOGAN, Circuit Judges.

PER CURIAM.

Opal DeLois Stone sued Mexicana Airlines, Inc., in federal district court claiming damages from an airplane crash that occurred in Mazatlan, Mexico. Jurisdiction was based upon diversity of citizenship and provisions of the Warsaw Convention, 49 Stat. 3000 (1934). Summary judgment was entered in favor of Mexicana on the ground that the two-year period of limitations stated in Article 29(1) of the Warsaw Convention had expired. Applicability of that provision...

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