Overstreet v. Canadian Pacific Airlines

DIMOCK, District Judge.

This is a motion to dismiss the complaint upon the following grounds: (1) that the law of New York would not countenance the maintenance of this suit in the New York courts and that the Federal Court should follow this doctrine under Erie R. Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188, (2) that the maintenance of this suit would place an unreasonable burden upon commerce with foreign nations in violation of Article I, Section 8, Clause 3 of the Constitution, (3) forum non conveniens, (4) that the service of the summons should be set aside on the ground…