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INTERNATIONAL ASS'N OF M. & A. W. v. NORTHEAST AIRLINES, INC.

No. 72-1038.

473 F.2d 549 (1972)

INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS and District 147 of the International Association of Machinists and Aerospace Workers, Plaintiffs-Appellants, v. NORTHEAST AIRLINES, INC., Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided April 20, 1972.

Attorney(s) appearing for the Case

Robert M. Segal, Boston, Mass., and Plato Papps, Washington, D. C., with whom Segal, Roitman & Coleman, Boston, Mass., was on brief, for plaintiffs-appellants.

Loyd M. Starrett, Boston, Mass., with whom Henry E. Foley, David B. Ellis, and Foley, Hoag & Eliot, Boston, Mass., were on brief, for defendant-appellee.

Before ALDRICH, Chief Judge, and McENTEE and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

On May 12, 1971, Northeast Airlines, Inc., (NE) entered into a provisional agreement to merge into Delta Air Lines, Inc. (Delta). This was the fifth attempt by NE to merge with another line. Whatever may have motivated the others, all of which failed for one reason or another, NE's substantial and continuing deficits seem clearly to have impelled this one. Indeed, it asserts without contradiction that this is its last chance for survival.

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