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FUJITSU LTD. v. FEDERAL EXPRESS CORP.

No. 97 Civ. 5451(AKH).

76 F.Supp.2d 474 (1999)

FUJITSU LIMITED, Plaintiff, v. FEDERAL EXPRESS CORPORATION, Defendants.

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

November 30, 1999.

Attorney(s) appearing for the Case

John Bigham Englar Jones & Houston, New York City, for plaintiff.

Eugene Massamillo, Biedermann, Hoenig, Massamillo & Ruff, New York City, for defendant.

ORDER and MEMORANDUM

HELLERSTEIN, District Judge.

The issue put to me is whether an air carrier, asked to return rejected merchandise and performing the air carriage without a duly issued airway bill, is entitled to the damage limitation of the Warsaw Convention, ("the Convention"), for goods damaged during the air carriage. The issue was put to me for decision by Defendant Federal Express Corporation's motion for partial summary judgment and Plaintiff...

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