Denby v. Seaboard World Airlines, Inc.

FRIENDLY, Circuit Judge:

This appeal is- from an order of Chief Judge Weinstein in the District Court for the Eastern District of New York, 575 F.Supp. 1134, granting summary judgment to the defendants in an action by the insurers of a shipper for loss of cargo. The basis for the order was the shipper’s alleged failure to give notice of the loss within seven days after receipt of the cargo as required by Article 26(2) of the Warsaw *174Convention.1 The appeal presents important questions concerning the meaning of Article 26(2), particularly in regard to air freight container shipments. Although we…