It's not in my current location so I'll have to look for it when I get back home next week. Id. Id. ), cert. Read in context, the statement in World Airways does not constitute an endorsement of the Paris Air Crash holding that a private right of action inheres in the Federal Aviation Act. The summary judgments of dismissal in numbers 81-5695 and 81-5724 are AFFIRMED. 5, c. 36, Sec. In the cases of Haley and Tovar, the voyages were undertaken not for this reason, but for the exclusive purpose of performing employment duties. Beautiful shots taken while the sun is below the horizon, Accidents Decedents Theresa Haley and Regina Tovar were indisputably working as flight attendants on board Flight 2605. The theory of these motions was that the decedents had been Western employees and that the California worker's compensation statute, Cal.Labor Code Secs. For the plaintiffs to recover, the decedents had to qualify as "passengers" within the meaning of article 17. at 381, 388-392, 90 S.Ct. Lowenfeld & Mendelsohn, The United States and the Warsaw Convention, 80 Harv.L.Rev. Our inquiry is therefore much narrower: Did the Warsaw Convention merely create a set of substantive legal principles of liability, or did it also create a right to recover according to those principles? The Court held that this problem does not prevent finding a generalized right to wrongful death recovery. 1303, 1307, 6 L.Ed.2d 584 (1961); Gully v. First National Bank, 299 U.S. 109, 112-13, 57 S.Ct. Two district courts have recently concluded that personal representatives of decedents killed in an air crash may not maintain a cause of action under the Act. Great locating that article, should help Mr.S no end. The Benjamins majority reasoned, in effect, that the Convention operates the same way even if only one carrier is involved and the damage is inflicted upon passengers, not baggage. Before FLETCHER, PREGERSON and REINHARDT, Circuit Judges. Henri de Vos, Reporter for the Warsaw Conference, explained in his report that while the forum issue had been resolved in the working draft, the question of who are "the persons upon whom the action devolves in the case of death" was to be left to local law apart from the Convention. 679, 681 (E.D.Va.1968); Moungey v. Brandt, 250 F.Supp. 12(b)(6), or summary judgments, Fed.R.Civ.P. 399, 54 L.Ed.2d 279 (1977), as an example of a recent case that stressed this policy of uniformity. 1471(a)(1) (Supp. Id. See 49 Stat. Sec. 1301-1542 (1976 & Supp. IV 1980), entitled "Safety Regulation of Civil Aeronautics," confers extensive powers upon the Secretary of Transportation to prescribe standards and regulations concerning numerous aspects of civil aviation for the purpose of promoting safety.5 Pursuant to this subchapter, the secretary has promulgated comprehensive rules and guidelines, published in volume 14 of the Code of Federal Regulations. 28 U.S.C. 1029, 89 L.Ed. Cf. 1327, 51 L.Ed.2d 593 (1977) and Danna v. Air France, 463 F.2d 407, 410 (2d Cir.1972) (Act creates no private right to challenge fare discrimination in favor of youths absent prior CAB determination that practice is wrongful). In Middlesex County Sewerage Authority v. National Sea Clammers Association, 453 U.S. 1, 101 S.Ct.
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