ARCHIBALD v. PAN AMERICAN WORLD AIRWAYS, INC.

No. 71-1535.

460 F.2d 14 (1972)

George B. ARCHIBALD and Remedios Arceo Archibald, Plaintiffs-Appellants, v. PAN AMERICAN WORLD AIRWAYS, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

May 12, 1972.


Attorney(s) appearing for the Case

Howard G. Trapp (argued) of Trapp & Gayle, Agana, Guam, Robert E. Cartwright, San Francisco, Cal., for plaintiffs-appellants.

Walter S. Ferenz (argued), Thomas J. Nolan, of Barrett, Ferenz & Bramhall, Agana, Guam, for defendant-appellee.

Before BROWNING, WRIGHT and CHOY, Circuit Judges.


CHOY, Circuit Judge.

Mr. and Mrs. George B. Archibald appeal a district court order directing a verdict for Pan American World Airways, Inc. (Pan Am). The District Court found that the Archibalds had failed to present a prima facie case of undue or unreasonable preference or unjust discrimination in violation of 49 U.S.C. § 1374(b). We reverse and remand.

On August 2, 1968, the Archibalds made two economy reservations for Pan Am's Flight 801 on August...

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