Marilyn W. Pearson, as Administratrix of the Goods, Chattels and Credits of John S. Pearson, Deceased v. Northeast Airlines, Inc.

KAUFMAN, Circuit Judge, with whom CLARK, WATERMAN, SMITH, HAYS and MARSHALL, Circuit Judges,

concur.

The principal, question considered by this Court en banc is whether a federal court sitting in the state of New York may constitutionally “apply” a Massachusetts statute giving a cause of action for wrongful death and refuse, for reasons of state policy, to follow a provision of that statute which would limit the plaintiff’s recovery to $15,000. The question arises in an action for wrongful death occasioned by a plane crash in Massachusetts. The action was brought in the United States District…