IN RE AIR DISASTER NEAR COVE NECK, N.Y.

MDL No. 843 (TCP). No. 90 CV 2889 (TCP).

774 F.Supp. 732 (1991)

In re AIR DISASTER NEAR COVE NECK, NEW YORK, ON JANUARY 25, 1990. Aida GUTIERREZ, Individually and as Parent and Natural Guardian of Jessica Gutierrez, a Minor, Plaintiff, v. AVIANCA (AEROVIAS NACIONALES de COLOMBIA, S.A.), Defendant.

United States District Court, E.D. New York.

September 20, 1991.


Attorney(s) appearing for the Case

George N. Tompkins, Condon & Forsyth, New York City, for defendant.

Marc S. Moller, Kreindler & Kreindler, New York City, for plaintiff.


MEMORANDUM AND ORDER

PLATT, Chief Judge.

Plaintiff brought this action against Aerovias Nacionales de Colombia, S.A. ("Avianca, S.A.") to recover for personal injuries sustained by herself and her daughter when the Avianca, S.A. plane on which they were travelling crashed en route from Colombia to New York in early 1990. Avianca, S.A. now moves this Court for an Order dismissing plaintiff's action pursuant to Rule 12(b)(1) for lack of subject matter jurisdiction...

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