District Court, E.D. New York June 25, 1985, Case No. 83 Civ. 3963; MDL No. 530 (De Gazpio v. Spantax)

MEMORANDUM AND ORDER

NICKERSON, District Judge.

Defendant Spantax, S.A. (Spantax) moves for dismissal of or summary judgment on the De Gazpio and Gutierrez complaints on the ground that plaintiffs lack capacity to sue under Federal Rule of Civil Procedure 17(b).

Plaintiffs assert claims for the wrongful death of their respective spouses in an airplane crash in Malaga, Spain on September 13, 1982.