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REPUBLIC NAT. BANK OF N.Y. v. DELTA AIR LINES

No. 00-9536.

263 F.3d 42 (2001)

REPUBLIC NATIONAL BANK OF NEW YORK, Plaintiff-Appellee, v. DELTA AIR LINES, Defendant-Appellant.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: August 29, 2001.

Attorney(s) appearing for the Case

CRAIG S. ENGLISH, Kennedy Lillis Schmidt & English, New York, N.Y. (Charles E. Schmidt and Matthew T. Loesberg on the brief), for plaintiff-appellee.

FRANCIS A. MONTBACH, Mound, Cotton, Wollan and Greengrass, New York, N.Y. (David W. Kenna on the brief), for defendant-appellant.

Before: JACOBS, PARKER, and SOTOMAYOR, Circuit Judges.

JACOBS, Circuit Judge:

A 26-pound bag containing $1 million in currency went missing en route by air from New York to Moscow. The shipper, Republic National Bank of New York ("Republic"), has sued the carrier, Delta Air Lines ("Delta"), for the loss. Delta interposed as a defense the per-pound limitation of liability for lost cargo under the Convention for the Unification of Certain Rules Relating to International Transportation by Air, Oct. 12, 1929, 49 Stat. 3000...

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