Doering

MEMORANDUM AND ORDER DENYING MOTION TO DISMISS

This matter is before the court on the motion of defendants Scandinavian Airlines System and Scandinavian Airlines System, Inc., to dismiss the action for lack of subject matter jurisdiction, Fed.R.Civ.P. 12(b) (1).

Plaintiff filed this action on May 29, 1969, alleging damages suffered in the crash of defendants’ airliner on January 13, 1969. The plane, on a flight from Copenhagen, Denmark, to Los Angeles, crashed in the ocean while approaching Los Angeles International Airport to land.

The parties agree that the transportation in question was “international,” so as to come within the purview of the Warsaw Convention, 49 Stat. 3000 , 49 U.S.C.A. § 1502 . 1 Defendants con *1082 tend on this motion that this court is not one of the forums for bringing an action for damages enumerated in Article 28(1) of the Convention, and hence the court lacks jurisdiction of the subject matter of the action. Briefs have been filed on the question of whether this court constitutes one of the forums specified in Article 28(1), and particularly whether this court is, in the words of the Article, “the court at the place of destination.” Before,…