American Express Travel Related Services Co. v. Marco

LASKER, District Judge.

Third-party defendant British Airways moves pursuant to Rules 12(b) and 56 of the Federal Rules of Civil Procedure, to dismiss the third party action. Max Marco and DeMarco Cal Fabrics, third-party plaintiffs (hereinafter collectively referred to as “Marco”) oppose the motion on the ground that material facts remain at issue for trial. For the reasons set forth below, the motion is granted in part and denied in part.

I

On November 9, 1982, Max Marco and his wife were passengers aboard a London to New York British Airways Concorde flight.1 Mr. and Mrs. Marco asked for and…