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MITCHELL-WHITE v. NORTHWEST AIRLINES, INC.

No. 11-1294-cv.

MARTA J. MITCHELL-WHITE, individually and on behalf of others similarly situated, Plaintiff-Appellant, v. NORTHWEST AIRLINES, INC., DELTA AIR LINES, INC., as successor to NORTHWEST AIRLINES, INC., and NORTHWEST AIRLINES PENSION PLAN FOR CONTRACT EMPLOYEES, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

October 21, 2011.

Attorney(s) appearing for the Case

HERBERT EISENBERG ( Robert J. Bach , Law Offices of Robert J. Bach, Esq., on the brief), Eisenberg & Schnell LLP, New York, NY., for Plaintiff-Appellant.

STEPHEN P. LUCKE ( Andrew Holly , Jonathan Herman , on the brief), Dorsey & Whitney LLP, Minneapolis, MN., for Defendants-Appellees.

ERIC A. HARRINGTON , U.S. Equal Employment Opportunity Commission, Washington, DC., for Amicus Curiae.

Present: JOSEPH M. McLAUGHLIN, JOSÉ A. CABRANES, DEBRA ANN LIVINGSTON, Circuit Judges.

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the District Court is AFFIRMED.

Plaintiff-appellant Marta J. Mitchell-White, individually and on behalf of those similarly situated, appeals a February 24, 2011 order of the District Court, on which judgment was entered on March 1, 2011, dismissing for failure to state a claim on which relief can be granted, Fed. R. Civ. P. 12(b)...

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