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STERMAN v. TRANS WORLD AIRLINES, INC.

No. 27, Docket 81-7213.

657 F.2d 511 (1981)

Mildred STERMAN, Abraham Sterman, on behalf of themselves and all other persons who purchased or participated in any TWA Getaway Fly/Drive West Tour in 1980, similarly situated, Plaintiffs-Appellants, v. TRANS WORLD AIRLINES, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 1, 1981.

Attorney(s) appearing for the Case

Richard Weinberger, New York City (Frederick E. M. Ballon, Richard Weinberger, and Ballon Stoll & Itzler, New York City, on the brief), for plaintiffs-appellants.

Bradley Tyler, New York City (John N. Romans, Bradley Tyler, and Curtis, Mallet-Prevost, Colt & Mosle, New York City, on the brief), for defendant-appellee.

Before NEWMAN and KEARSE, Circuit Judges, and EGINTON, District Judge.

PER CURIAM:

Appellants brought a class action to recover damages for alleged fraudulent misrepresentations by TWA, Inc. in the sale of a package "fly/drive" tour. Appellants claim they were promised hotel rooms at substantial savings but were charged higher prices for inferior rooms than the hotels normally charged for better rooms. A federal cause of action was alleged under § 404(b) of the Federal Aviation Act of 1958, 49 U.S.C. § 1374(b) (1976),

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