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RODRIGUEZ v. ANSETT AUSTRALIA LTD.

No. 02-56473.

383 F.3d 914 (2004)

Adriene RODRIGUEZ, an individual, Plaintiff-Appellant, v. ANSETT AUSTRALIA LTD., Defendant, and Air New Zealand Ltd. (USA), esa Air New Zealand Ltd.; Air New Zealand International, esa Air New Zealand Ltd., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 3, 2004.

Attorney(s) appearing for the Case

Clay Robbins III, Magana, Cathcart & McCarthy, Los Angeles, CA, for the plaintiff-appellant.

Roderick D. Margo, Condon & Forsyth LLP, Los Angeles, CA, for the defendants-appellees.

Before: THOMAS G. NELSON, A. WALLACE TASHIMA, and RAYMOND C. FISHER, Circuit Judges.

TASHIMA, Circuit Judge:

We are called upon once again to construe the meaning of the term "accident," as it is used in the Convention for the Unification of Certain Rules Relating to International Transportation by Air, Oct. 12, 1929, 49 Stat. 3000, T.S. No. 876 (1934), reprinted in note following 49 U.S.C. § 40105 (the "Warsaw Convention" or the "Convention"). We hold that neither the plaintiff's development of deep vein thrombosis ("DVT") nor the airline...

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