Boehringer-Mannheim Diagnostics, Inc., F/k/a Hycel, Inc. v. Pan American World Airways, Inc.

POLITZ, Circuit Judge:

We deferred resolution of this case pending the Supreme Court’s decision in Trans World Airline, Inc. v. Franklin Mint Corp., — U.S. -, 104 S.Ct. 1776, 80 L.Ed.2d 273 (1984). That decision disposes of the principal issue before us, the value of gold for purposes of the cargo liability limit of the “Warsaw Convention.” 1 In Franklin Mint the Supreme Court concluded that the Convention’s cargo liability limit was not rendered unenforceable in the United States by virtue of the 1978 repeal of the Par Value Modification Act. The Court determined that the limitation of $9.07…