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DANNA v. AIR FRANCE

No. 71 Civ. 3648.

334 F.Supp. 52 (1971)

Louis DANNA, Robert F. Esler, and all others similarly situated, Plaintiffs, v. AIR FRANCE et al., Defendants.

United States District Court, S. D. New York.

November 15, 1971.

Attorney(s) appearing for the Case

LoFrisco, Gallagher & Kenny, Gold, Farrell & Marks, New York City, for plaintiffs, by Thomas R. Farrell, Martin R. Gold, Leonard M. Marks, New York City, of counsel.

Haight, Gardner, Poor & Havens, New York City, for Air France, by Carroll E. Dubuc, New York City, of counsel.

Condon & Forsyth, New York City, for Boac, Air-India, Quantas, by George N. Tompkins, Jr., New York City, of counsel.

Cleary, Gottlieb, Steen & Hamilton, New York City, for Pan American, Japan Air Lines, by James C. Blair, New York City, of counsel.

Chadbourne, Parke, Whiteside & Wolff, New York City, for Trans World Airlines, Inc. by Harold L. Warner, Jr., New York City, of counsel.

Hill, Betts & Nash, New York City, for Olympic by Benjamin E. Haller, New York City, of counsel.

GURFEIN, District Judge.

This is a purported class action which raises the question of whether the so-called Youth Fares initiated by the defendant airlines are in violation of the Federal Aviation Act of 1958, 49 U.S.C. §§ 1301-1542. Jurisdiction is invoked under 28 U.S.C. § 1337 in that the action arises under an Act of Congress regulating commerce, namely, 49 U.S.C. § 1374.

The complaint,...

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