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BARKANIC v. CAAC

No. 881, Docket 86-7985.

822 F.2d 11 (1987)

Louise Agnes BARKANIC, Individually and as Personal Representative of the Estate of Peter Patrick Barkanic, Deceased, Gladys Patricia Fox, Individually and as Personal Representative of the Estate of Donald Branford Fox, Deceased, Appellants, v. GENERAL ADMINISTRATION OF CIVIL AVIATION OF the PEOPLES REPUBLIC OF CHINA, a/k/a Civil Aviation Administration of the Peoples Republic of China or CAAC, Appellee.

United States Court of Appeals, Second Circuit.

Decided June 29, 1987.

Attorney(s) appearing for the Case

Daniel F. Hayes, Salibello, Hayes & Zahn, New York City, for appellants.

John K. Weir, Haight, Gardner, Poor & Havens, New York City (Louis R. Martinez, of counsel), for appellee.

Before OAKES and WINTER, Circuit Judges, and ZAMPANO, District Judge.

OAKES, Circuit Judge:

This case involves a question of subject matter jurisdiction under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. § 1605(a)(2). Representatives of the estates of Peter Barkanic and Donald Fox, who were killed in the crash of a China Airlines plane enroute from Nanjing to Beijing, China, on January 18, 1985, brought this wrongful death action against CAAC, an agent of the Peoples Republic...

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