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EXIM INDUSTRIES v. PAN AMERICAN

Cal. No. 357, Docket 84-7612.

754 F.2d 106 (1985)

EXIM INDUSTRIES, INC., Plaintiff-Appellant, v. PAN AMERICAN WORLD AIRWAYS, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 31, 1985.

Attorney(s) appearing for the Case

John R. Foster, New York City (Waesche, Sheinbaum & O'Regan, P.C., New York City, of counsel), for plaintiff-appellant.

John N. Romans, New York City (Daniel R.C. Lenihan, Kevin R. Kopelson, Curtis, Mallet-Prevost, Colt & Mosle, New York City, of counsel), for defendant-appellee.

Condon & Forsyth, New York City, for amicus curiae Intern. Air Transport Ass'n.

Before OAKES and VAN GRAAFEILAND, Circuit Judges, and METZNER, District Judge.

VAN GRAAFEILAND, Circuit Judge:

Exim Industries, Inc. (Exim) appeals from a summary judgment of the United States District Court for the Eastern District of New York (Bramwell, J.), limiting Exim's recovery for goods lost in transit by Pan American World Airways, Inc. (Pan Am) pursuant to article 22 of the Warsaw Convention. Pan Am concedes that it lost two shipments of Indian silk blouses consigned to Exim, while they were en route from India to New York....

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