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ST. PAUL INS. CO. v. VENEZUELAN INTERN. AIRWAYS

No. 85-6048.

807 F.2d 1543 (1987)

The ST. PAUL INSURANCE CO. OF ILLINOIS, as Subrogee of First Wisconsin Corp., Plaintiff-Appellant, v. VENEZUELAN INTERNATIONAL AIRWAYS, INC., a/k/a Viasa Airlines, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 20, 1987.

Attorney(s) appearing for the Case

William R. Boeringer, Hayden & Milliken, P.A., Miami, Fla., Stephen C. Veltman, Tribler & Marwedel, P.C., Wendy J. Muchman, Warren J. Marwedel, Dion J. Sartorio, Chicago, Ill., for plaintiff-appellant.

John W. Thornton, Thonton, Herndon, Mastrucci & Ferrington, Michael E. Wargo, Miami, Fla., for Venezuelan Intern. Airways, Inc.

Before FAY and JOHNSON, Circuit Judges, and HOFFMAN, Senior District Judge.

WALTER E. HOFFMAN, Senior District Judge:

The plaintiff, St. Paul Insurance Co. of Illinois (St. Paul), appeals from a grant of summary judgment in favor of the defendant, Venezuelan International Airways, Inc. (Viasa), on its claim for lost goods.1 The district court held that the tariff which Viasa had filed with the Civil Aeronautics Board, in compliance with the Federal Aviation Program, 49 U.S.C. § 1373(a), controlled the time...

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