Legal Opinion

Berkman v. Trans World Airlines, Inc.

District Court, S.D. New York

Decided November 2, 1962PublishedCited by 8 opinions

1Opinion of the Court

TYLER, District Judge.

Plaintiffs move under Rule 12(f), F.R. Civ.P., to strike certain matter from defendant’s (“TWA”) answer; defendant cross-moves for summary judgment pursuant to Rule 56.

Plaintiffs seek to recover for the value of certain jewelry which they allege that they, as owners, delivered into the custody of defendant airlines and which has not been returned to them.

Neither the moving papers nor the remarks of counsel upon oral argument indicated any dispute as to the controlling facts, which follow:

On August 3, 1961 plaintiff Berkman purchased at New York City an air ticket from…

2Cases cited5 opinions

  1. Colorado v. United StatesSupreme Court of the United States · 1926
  2. New York, New Haven & Hartford Railroad v. NothnagleSupreme Court of the United States · 1953
  3. Calveston, Harrisburg & San Antonio Railway Co. v. WoodburySupreme Court of the United States · 1920
  4. Lichten v. Eastern Airlines, Inc.Court of Appeals for the Second Circuit · 1951
  5. Lichten v. Eastern Airlines, IncCourt of Appeals for the Second Circuit · 1951

3Cited by8 opinions

  1. Tishman & Lipp, Inc. v. Delta AirlinesDistrict Court, S.D. New York · 1967
  2. Crosby & Co. v. Compagnie Nationale Air FranceNew York Supreme Court · 1973
  3. Information Control Corp. v. United Airlines Corp.California Court of Appeal · 1977
  4. Eastern Air Lines v. WilliamsonSupreme Court of Alabama · 1968
  5. Northern Trust Co. v. American Airlines, Inc.Appellate Court of Illinois · 1986

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