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ALVAREZ v. AEROVIAS NACIONALES de COLOMBIA, S.A.

No. 90-2494-CIV.

756 F.Supp. 550 (1991)

Maria Bernarda ALVAREZ, as Personal Representative of the Estate of Amanda Maria Alvarez, Deceased, and on behalf of Pedro P. Alvarez and Maria Bernarda Alvarez, Plaintiff, v. AEROVIAS NACIONALES de COLOMBIA, S.A., Avianca, Inc., and Commodore Aviation, Inc., Defendants.

United States District Court, S.D. Florida.

January 25, 1991.

Attorney(s) appearing for the Case

Joel Perwin, Aaron S. Podhurst, Miami, Fla., Kevin A. Malone, Fort Lauderdale, Fla., for plaintiff.

Michael McLemore, Miami, Fla., for defendants.

MEMORANDUM OPINION AND ORDER OF REMAND

JAMES LAWRENCE KING, Chief Judge.

This case arises out of the tragic airplane crash of Avianca Flight 52 in Cove Neck, New York, on January 25, 1990. The case was originally filed as a wrongful death action in the Circuit Court in and for Dade County, Florida. The defendants removed the action to this court, claiming that removal was proper because the Warsaw Convention1 provided the plaintiff...

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