 On appeal to the U.S. Court of Appeals for the Ninth Circuit, Circuit Judge Diarmuid F. O’Scannlain, writing for a unanimous three-judge panel, rejected Garuda's claim that a flight between two points in the same country will always fall outside the scope of the waiver.But the Ninth Circuit agreed with Garuda that under the circumstances, the Badens’ trip to Medan did not constitute "international air transportation" within the meaning of the Warsaw Convention.The facts that the tickets did not reference any international travel, were purchased in Indonesia from a source independent of the travel agent who sold them the U.S.-Indonesia tickets, and were labeled "DOMESTIK" unambiguously established that the flight was not part of their international journey as contemplated by the treaty, O’Scannlain said.