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BUTLER v. AEROMEXICO

No. 84-7714.

774 F.2d 429 (1985)

Carolyn BUTLER, Widow and dependent of James McCoy Butler, individually and on behalf of the dependent minor children of James McCoy Butler, Plaintiff-Appellee, Dorothy B. Reed, widow and dependent of Samuel Wallace Reed, individually and on behalf of the dependent minor children of Samuel Wallace Reed, Plaintiff-Appellee, v. AEROMEXICO, a Commercial Air Carrier, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

October 18, 1985.

Attorney(s) appearing for the Case

H.H. Grooms, Spain, Gillon, Riley, Tate & Etheredge, Birmingham, Ala., Stephen J. Fearon, Condon & Forsyth, New York City, for defendant-appellant.

James J. Thompson, Hare, Wynn, Newell & Newton, James O. Haley, Birmingham, Ala., for plaintiff-appellee.

Before TJOFLAT and KRAVITCH, Circuit Judges, and DUMBAULD, District Judge.

DUMBAULD, District Judge:

Appellees' decedents were killed on July 27, 1981, when an airplane operated by defendant crashed while attempting to land at Chihuahua airport in Mexico. The principal issue for determination is whether the conduct of defendant's crew amounted to "wilful misconduct" within the meaning of Article 25 of the Warsaw Convention1 so as to render inapplicable the convention's $75,000.00 limitation of liability provision...

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