District Court, S.D. New York April 26, 1956 (Anderson v. British Overseas Airways Corp.)

PALMIERI, District Judge.

This is an action for wrongful death. The decedent, a citizen of Utah at the time of his death, was a passenger on a de Havilland Comet transport plane on April 8, 1954, when it exploded over the Mediterranean Sea. Defendant The de Havilland Aircraft Co., Ltd. (de Havilland), manufacturer of the plane, moves pursuant to Rule 12(b), Fed. Rules Civ.Proc., 28 U.S.C.