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KOIRALA v. THAI AIRWAYS INTERN., LTD.

Nos. 96-16598, 96-16712.

126 F.3d 1205 (1997)

Niranjan KOIRALA, individually and as personal representative for the heirs of Santosh Koirala, deceased; Himanshu Koirala; Bashkar Koirala; The Estate of Thomas Hill; Anne Guta; The Estate of Kora Guta; The Estate of Bo Guta; The Estate of Magma Guta; Shanti Rajlawat, individually and as personal representative for the heirs of Chandra Bahadur Rajlawat, deceased; Sandeep Rajlawat; Shiva Rajlawat; Anandi Ramachandran, Plaintiffs-Appellees, v. THAI AIRWAYS INTERNATIONAL, LTD., Defendant-Appellant. Niranjan KOIRALA, individually and as personal representative for the heirs of Santosh Koirala, deceased; Himanshu Koirala; Bashkar Koirala; The Estate of Thomas Hill; Anne Guta; The Estate of Kora Guta; The Estate of Bo Guta; The Estate of Magma Guta; Shanti Rajlawat, individually and as personal representative for the heirs of Chandra Bahadur Rajlawat, deceased; Sandeep Rajlawat; Shiva Rajlawat; Anandi Ramachandran, Plaintiffs-Appellants, v. THAI AIRWAYS INTERNATIONAL, LTD., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 25, 1997.

Attorney(s) appearing for the Case

Frank A. Silane and Stephen R. Ginger, Condon & Forsyth, Los Angeles, California, for defendant-appellant-cross-appellee.

Joseph T. Cook, Speiser, Krause, Madole & Cook, Irvine, California, and John S. Preston, Oakland, California, for plaintiffs-appellees-cross-appellants.

Before: SCHROEDER and THOMAS, Circuit Judges, and PREGERSON, District Judge.

THOMAS, Circuit Judge:

On July 31, 1992, Thai Airways International ("Thai Airways") Flight TG-311 crashed into a mountainside while attempting to land at Tribhuvan International Airport in Kathmandu, Nepal, killing all 113 people aboard. In this case, we examine whether the crash was the result of "wilful misconduct" on the part of the flight crew, lifting the Warsaw Convention's $75,000 cap on damages for personal injury. We agree with the district court that it...

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