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DISTRIBUIDORA DIMSA v. LINEA AEREA DEL COBRE

No. 90 Civ. 7156 (MBM).

768 F.Supp. 74 (1991)

DISTRIBUIDORA DIMSA S.A., Plaintiff, v. LINEA AEREA DEL COBRE S.A., d/b/a Ladeco, Defendant.

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

June 27, 1991.

Attorney(s) appearing for the Case

David L. Mazaroli, Yorkston W. Grist, P.C., New York City, for plaintiff.

Stephen J. Fearon, Condon & Forsyth, New York City, for defendant.

OPINION AND ORDER

MUKASEY, District Judge.

This motion for summary judgment raises one issue: whether the defendant is barred from raising the liability limitation of the Warsaw Convention ("the Convention") under Article 9 of the Convention because the two air waybills accepted by defendant do not comply precisely with the requirements of Article 8. Plaintiff's motion to bar defendant's Affirmative Defense based on Article 9 of the Warsaw Convention is...

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