Legal Opinion
Indemnity Ins. Co. of North America v. Pan American Airways, Inc.
District Court, S.D. New York
Decided December 22, 1944PublishedCited by 24 opinions
1Opinion of the Court
RIFKIND, District Judge.
Plaintiff’s motion, addressed to the answer of defendant Pan American Airways, Inc., is cast in a variety of forms 1 but in substance the object of the motion is to challenge three affirmative defenses on the ground that they fail to state legal defenses to the claims asserted in the complaint. Rule 12(h).
The complaint arises out of the crash of the aircraft, Yankee Clipper, in the harbor of Lisbon, Portugal, on February 22, 1943. Recovery is sought of the damages suffered by the father and mother of one Tamara Drasin Swann, who died in the crash. The action is brought…
2Cases cited25 opinions
- United States v. PinkSupreme Court of the United States · 1942
- Aguilar v. Standard Oil Co. of NJSupreme Court of the United States · 1943
- Foster v. NeilsonSupreme Court of the United States · 1829
- Mountain Timber Company v. State of WashingtonSupreme Court of the United States · 1916
- United States v. BelmontSupreme Court of the United States · 1937
20 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Duke Power Co. v. Carolina Environmental Study Group, Inc.Supreme Court of the United States · 1978
- In Re Aircrash in Bali, Indonesia on April 22, 1974 John P. Causey, Jr., Etc., Plaintiffs-Designated v. Pan American World Airways, Inc., Etc., Defendants-Designated Simone Ryder, Etc., Plaintiffs-Designated v. Pan American World Airways, Inc., Etc., Defendants-Designated Margaret G. Johns, Etc., Plaintiffs-Designated v. Pan American World Airways, Inc., Etc., Defendants-DesignatedCourt of Appeals for the Ninth Circuit · 1982
- Henderson by Hartsfield v. Alabama PowerSupreme Court of Alabama · 1993
- Edmund J. Smith v. Canadian Pacific Airways, Ltd.Court of Appeals for the Second Circuit · 1971
- Deutsche Lufthansa Aktienge-Sellschaft v. Civil Aeronautics BoardCourt of Appeals for the D.C. Circuit · 1973
19 more not listed; retrieve them via the Exa API.