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O'DONNELL v. WIEN AIR ALASKA, INC.

No. 76-1422.

551 F.2d 1141 (1977)

John J. O'DONNELL, as President of the Air Line Pilots Association International and the Air Line Pilots Association, International, an uncorporated association, Plaintiffs-Appellants, v. WIEN AIR ALASKA, INC., formerly known as Wien Consolidated Airlines, Inc., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

April 6, 1977.

Attorney(s) appearing for the Case

Henry Weiss, Robert S. Savelson, Michael E. Abram, Cohen, Weiss & Simon, New York City, argued, for plaintiffs-appellants.

John A. McGuinn, Farmer, Shibley, McGuinn & Flood, Washington, D. C., argued, for defendant-appellee.

Before DUNIWAY, ELY and CHOY, Circuit Judges.

ELY, Circuit Judge:

In this dispute between a pilots' union (ALPA) and an airline (Wien), the District Court granted summary judgment in favor of Wien, defendant below and appellee here, and dismissed ALPA's action. While we agree with the court's reasoning, we disagree with the disposition. Accordingly, we reverse and remand with directions.

By virtue of 45 U.S.C. §§ 181-85 (1970), labor relations in the...

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