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STRATIS v. EASTERN AIR LINES, INC.

Nos. 554, 555 and 705, Dockets 81-6149, 81-6167 and 81-6187.

682 F.2d 406 (1982)

Efstratios STRATIS, Plaintiff-Appellee, v. EASTERN AIR LINES, INC., and United States of America, Defendants-Appellants. EASTERN AIR LINES, INC., Third-Party Plaintiff-Appellee, v. UNITED STATES of America, Third-Party Defendant-Appellee, New York City Health and Hospitals Corporation, Third-Party Defendant-Appellant, and The Jamaica Hospital, Inc., Third-Party Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 30, 1982.

As Modified July 29, 1982.

Attorney(s) appearing for the Case

Walter E. Rutherford, Haight, Gardner, Poor & Havens, New York City (Alan D. Reitzfeld, New York City, of counsel), for defendant-appellant and third-party plaintiff-appellee Eastern Air Lines, Inc.

Richard H. Dolan, Asst. U. S. Atty., Brooklyn, N. Y. (Edward R. Korman, U. S. Atty., E. D. N. Y., Miles M. Tepper, Asst. U. S. Atty., Brooklyn, N. Y., of counsel), for defendant-appellant and third-party defendant-appellee United States of America.

Michael R. Silberstein, Weiss, Neuren & Silberstein, P. C., New York City, for plaintiff-appellee Efstratios Stratis.

Howard R. Cohen, Bower & Gardner, New York City, of counsel to Allen G. Schwartz, Corp. Counsel, New York City, for third-party defendant-appellant New York City Health and Hospitals Corp.

Norman Bard, Gordon & Silber, P. C., New York City, for third-party defendant-appellee The Jamaica Hospital, Inc.

Before OAKES, NEWMAN and WINTER, Circuit Judges.

OAKES, Circuit Judge:

This appeal, chock-full of incongruities and perplexities, involves the June 24, 1975, crash of Eastern Air Lines Flight 66 on its approach to John F. Kennedy Airport, a resulting $6.5 million verdict against Eastern and the United States, an apportionment of 60% of the damages against one of the impleaded defendants, a question of the application of the Warsaw Convention and Montreal Agreement, and a series of questions pertaining to the verdict...

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