UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
October 31, 1973
GRETA HUSSERL, PLAINTIFF-APPELLEE,
SWISS AIR TRANSPORT COMPANY, LTD. ALSO KNOWN AS SWISSAIR, DEFENDANT-APPELLANT.
Appeal pursuant to 28 U.S.C. § 1292(b) from an order of the United States District Court for the Southern District of New York, Harold R. Tyler, Jr., Judge, denying defendant's motion to dismiss the complaint and for summary judgment in an action for damages for personal injuries by a passenger on one of defendant's aircraft based in part on her claim that a hijacking of the plane was an "accident" as that term is used in Article 17 of the Warsaw Convention, 49 U.S.C. § 1502, note (1973 Pocket Supplement).
Before: SMITH, MANSFIELD and OAKES, Circuit Judges.
The order of the district court is affirmed, essentially for the reasons set forth by Judge Tyler in his well considered opinion, 351 F. Supp. 702, at 706-07 (S.D.N.Y.1972).
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