OPINION AND ORDER
CONBOY, District Judge:
This action arises out of Carl Icahn's successful efforts to obtain control of Trans World Airlines, Inc. ("TWA"). Plaintiff, the International Association of Machinists ("IAM"), alleges that TWA failed to live up to its end of a bargain that enabled Icahn and his associates to acquire control of the airline. TWA moves to dismiss the complaint for lack of subject matter jurisdiction.
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