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Laker Airways Limited v. Sabena, Belgian World Airlines. 731 F.2d 909

Published online by Cambridge University Press:  23 March 2017

Monroe Leigh
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Abstract

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Type
Judicial Decisions
Information
American Journal of International Law , Volume 78 , Issue 3 , July 1984 , pp. 666 - 668
Copyright
Copyright © American Society of International Law 1984

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References

1 731 F.2d909, 930.

2 Id.

3 The court also stated that, unlike the British defendants, Sabena and KLM had no claim to antitrust immunity under their countries’ air service treaties with the United States.

4 731 F.2dat 935.

5 Id. at 936.

6 Id. at 938 (emphasis by the court).

7 In a brief dissenting opinion, Judge Starr expressed the view that principles of comity weighed against the district court’s injunction. He favored vacating the injunction and remanding with instructions to consider the entry of a narrower order that would permit parallel declaratory judgment proceedings in British courts. The majority criticized this view as ignoring well-established limits on the doctrine of international comity and failing to recognize that the defendants had expressed no interest in pursuing truly parallel proceedings.

8 731 F.2d at945.

9 On July 19, 1984, the House of Lords reversed the decision of the Court of Appeal mentioned supra at p. 666.