DANNA v. AIR FRANCE

No. 703, Docket 72-1014.

463 F.2d 407 (1972)

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

United States Court of Appeals, Second Circuit.

Decided July 3, 1972.


Attorney(s) appearing for the Case

Leonard M. Marks, New York City (LoFrisco, Gallagher & Kenny, Gold, Farrell & Marks, Thomas R. Farrell, Martin R. Gold, and Anthony F. LoFrisco, New York City, of counsel), for plaintiffs-appellants.

James C. Blair, Cleary, Gottlieb, Steen & Hamilton, New York City, for defendants-appellees Pan American World Airways, Inc. and Japan Air Lines Co. Ltd.

Haight, Gardner, Poor & Havens, William J. Junkerman and Carroll E. Dubuc, New York City, of counsel, for defendant-appellee Air France.

Condon & Forsyth, Cyril Hyde Condon and Thomas J. Whalen, New York City, of counsel, for defendants-appellees British Overseas Airways Corp., Air-India, and Qantas Airways, Ltd.

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

Hill, Betts & Nash, Benjamin E. Haller, New York City, of counsel, for defendant-appellee Olympic Airways, S. A.

Before MOORE, SMITH and HAYS, Circuit Judges.


MOORE, Circuit Judge:

Louis Danna and Robert F. Esler appeal from a judgment of dismissal entered by the United States District Court for the Southern District of New York.1 The appellants purport to represent the class of persons who flew with the defendant airlines during the period of June 1971 to the date of the complaint (August 16, 1971) from New York to and from London or from New York to and from Paris, and who paid more for such...

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