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VICTORIA SALES CORP. v. EMERY AIR FREIGHT, INC.

Nos. 1257, 1418, Dockets 90-7041, 90-7131.

917 F.2d 705 (1990)

VICTORIA SALES CORPORATION and Fritz Air Freight, Inc., Plaintiffs-Appellants, Cross-Appellees, v. EMERY AIR FREIGHT, INC., a/k/a Emery Worldwide and Lassen GmbH, Defendants-Appellees, Appeal of EMERY AIR FREIGHT, INC., a/k/a Emery Worldwide, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 22, 1990.

Attorney(s) appearing for the Case

David L. Mazaroli, New York City (Yorkston W. Grist, P.C., New York City, of counsel), for plaintiffs-appellants, cross-appellees.

Francis A. Montbach, New York City (Bigham Englar Jones & Houston, New York City, of counsel), for defendant-appellee Emery Air Freight.

Edward J. Henderson, New York City (Walter, Conston, Alexander & Green, New York City, of counsel), for defendant-appellee Lassen GmbH.

Before VAN GRAAFEILAND, MESKILL and WALKER, Circuit Judges.

MESKILL, Circuit Judge:

Plaintiffs-appellants Victoria Sales Corporation (Victoria) and Fritz Air Freight, Inc. (Fritz) appeal from a judgment of the United States District Court for the Southern District of New York, Wood, J., limiting their recovery of money damages for cargo lost outside of the boundaries of an airport under the liability limitations of the Warsaw Convention, 49 Stat. 3000, T.S. No. 876, reprinted at 49 U.S.C. App. § 1502 note...

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