Joseph D. Wolgel and Edythe R. Wolgel v. Mexicana Airlines, a Mexican Corporation

FLAUM, Circuit Judge.

Joseph and Edythe Wolgel appeal from the dismissal of their claim for discriminatory “bumping” under § 404(b) of the Federal Aviation Act of 1958, 49 U.S.C. app. § 1374(b) (1982). The district court held that their claim was time-barred by the two-year statute of limitations contained in the Warsaw Convention. We reverse and remand for further proceedings.

I

Because the Wolgels’ complaint was dismissed for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6), we must accept their factual allegations as true. See Ed Miniat, Inc. v. Globe Life Ins. Group,…