No. 003, Docket 83-7415.

727 F.2d 253 (1984)

INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS, INC., and Brian Rumbaugh, on behalf of themselves and all International Society for Krishna Consciousness, Inc., members, v. AIR CANADA, Air France, Air India, Alitalia, American Airlines, Inc., Braniff International Airways, British Airways, Delta Air Lines, Inc., Eastern Air Lines, Inc., Iberia Airlines of Spain, Icelandic Airlines, Inc., Irish International Airlines, Japan Air Lines, KLM Royal Dutch Airlines, Lan-Chile Airlines, Lufthansa German Airlines, Northwest Airlines, Inc., Ozark Airlines, Pan American World Airways, Piedmont Airlines, Republic Airlines, Inc., Sabena-Belgian World Airlines, SAS-Scandinavian Airlines, Swissair, Trans World Airlines, United Airlines, Inc., U.S. Air, Inc., and Varig Airlines, Appellants.

United States Court of Appeals, Second Circuit.

Decided January 31, 1984.

Attorney(s) appearing for the Case

William H. Boice, Atlanta, Ga. (Gordon Dean Booth, Jr., Kilpatrick & Cody, Atlanta, Ga., of counsel), for Air Canada group of appellants.

Mark I. Silberblatt, Selvyn Seidel, Hale Russell & Gray, New York City, for Air India group of appellants.

David Mark Liberman, Los Angeles, Cal. (Barry A. Fisher, David Grosz, Robert C. Moest, Fisher & Moest, Los Angeles, Cal., Jeremiah S. Gutman, Eugene N. Harley, Levy, Gutman, Goldberg & Kaplan, New York City, of counsel), for appellees.

Before FEINBERG, Chief Judge, OAKES, Circuit Judge, and LEVAL, District Judge.


This is an interlocutory appeal from an order of the United States District Court for the Southern District of New York, Mary Johnson Lowe, Judge, denying defendants-appellants' motion to dismiss appellees' civil rights action for lack of subject matter jurisdiction. The thorny question presented for review was whether plaintiffs-appellees met their burden of showing that the appellant airlines' prohibition of appellees' solicitation activities in the...

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