TAI PING INS. CO. LTD. v. NORTHWEST AIRLINES, INC.

No. 94 Civ. 0851 (TPG).

897 F.Supp. 127 (1995)

The TAI PING INSURANCE CO. LTD. and Jetergar Ltd., Plaintiffs, v. NORTHWEST AIRLINES, INC. d/b/a Northwest Orient Cargo, Defendants.

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

Order Amending Opinion September 28, 1995.


Attorney(s) appearing for the Case

David L. Mazaroli, New York City, for plaintiffs.

Charles E. Schmidt, Kennedy Lillis Schmnidt & English, New York City, for defendants.


OPINION

GRIESA, Chief Judge.

Plaintiffs in this action seek to recover damages caused by Northwest's loss of a cargo that Northwest had agreed to transport from Chicago to Hong Kong by air. Northwest concedes liability for the loss, but has asserted as an affirmative defense that its liability is limited by the Warsaw Convention. Plaintiffs dispute that Northwest is entitled to the protection afforded by the treaty on grounds that the air waybill failed...

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