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DELTA AIR LINES v. AIR LINE PILOTS ASS'N, INTERN.

No. 87-8839.

861 F.2d 665 (1988)

DELTA AIR LINES, INC., Plaintiff-Counter-Claimant, Defendant-Appellee, Cross-Appellant, v. AIR LINE PILOTS ASSOCIATION, INTERNATIONAL, Defendant-Counter-Claimant, Plaintiff-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied January 23, 1989.

Attorney(s) appearing for the Case

Felice Busto, Legal Dept., Air Line Pilots Assoc., Int'l, Washington, D.C., for defendant-counter-claimant, plaintiff-appellant, cross-appellee.

Jefferson D. Kirby, III, Ford & Harrison, Paul D. Jones, Gregory L. Riggs, Law Dept., Delta Air Lines, Inc., Hartsfield/Atlanta Intern. Airport, Atlanta, Ga., for plaintiff-counter-claimant, defendant-appellee, cross-appellant.

Before HILL and FAY, Circuit Judges, and DUBINA, District Judge.

Rehearing and Rehearing En Banc Denied January 23, 1989.

HILL, Circuit Judge:

I. FACTS

This case concerns the discharge of William D. Day, a former Delta Airlines pilot, who was discharged by Delta for operating an aircraft while drunk. The facts, which were established at Day's grievance hearing before the Delta System Board of Adjustment, are not in dispute.

On January 9, 1985, Day was the Pilot-In-Command of Flight 410 from Boston to Bangor...

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