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CACERES AGENCY, INC. v. TRANS WORLD AIRWAYS

Nos. 369-71, Dockets 78-7374 to 78-7376.

594 F.2d 932 (1979)

CACERES AGENCY, INC., for itself and on behalf of others similarly situated, Plaintiff-Appellant, v. TRANS WORLD AIRWAYS, INC., Defendant-Appellee. CACERES AGENCY, INC., for itself and on behalf of others similarly situated, Plaintiff-Appellant, v. BRANIFF INTERNATIONAL AIRWAYS, INC., Defendant-Appellee. CACERES AGENCY, INC., for itself and on behalf of others similarly situated, Plaintiff-Appellant, v. LUFTHANSA GERMAN AIRLINES (Deutsche Lufthansa Aktiengesellschaft), Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 26, 1979.

Attorney(s) appearing for the Case

Thomas R. Cosgrove, New York City (Lovejoy, Wasson, Lundgren & Ashton, New York City, Anthony F. LoFrisco, New York City, of counsel), for appellant.

Zachary Shimer, New York City (Chadbourne, Parke, Whiteside & Wolff, Carl S. Rowe and Harold L. Warner, Jr., New York City, of counsel), for appellees.

Before WATERMAN, TIMBERS and VAN GRAAFEILAND, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

Section 404(b) of the Federal Aviation Act, 49 U.S.C. § 1374(b), prohibits air carriers from giving any person an unreasonable preference or subjecting any person to an unjust discrimination or undue disadvantage. Plaintiff, a travel agent, appeals from judgments of the United States District Court for the Southern District of New York dismissing plaintiff's complaints which sought damages...

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