2 Cited note 1 above

3 “ (1) An action for damages must be brought, at the option of the plaintiff, in the territory of one of the High Contracting Parties, either before the court of the domicile of the carrier or of his principal place of business, or where he has a place of business through which the contract has been made, or before the court at the place of destination. “ (2) Questions of procedure shall be governed by the law of the court to which the case is submitted.'’ 49 Stat. 3000 at 3020-3021.

4 Art. 22 provides, inter alia: “ (1) In the transportation of passengers the liability of the carrier for each passenger shall be limited to the sum of 125,000 francs. Where, in accordance with the law of the court to which the ease is submitted, damages may be awarded in the form of periodical payments, the equivalent capital value of the said payments shall not exceed 125,000 francs. Nevertheless, by special contract, the carrier and the passenger may agree to a higher limit of liability.” Ibid. 3019.

5 Lisi v. Alitalia-Iinee Aeree Italiane, 370 F.2d 508 (2d Cir., 1966), 61 A.J.I.L. 812 (1967), aff ‘d. by equally divided court, 390 U. S. 455 (1968).

6 No. 66 L 10799, p. 14.

7 Ibid. 25-26. NOTE: Defendants did not answer but filed a motion for leave to appeal.—ED.