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McELDERRY v. CATHAY PACIFIC AIRWAYS, LTD.

No. 86 Civ. 7783(MEL).

678 F.Supp. 1071 (1988)

Andrea McELDERRY, on behalf of herself and all others similarly situated, Plaintiff, v. CATHAY PACIFIC AIRWAYS, LTD., Defendant.

United States District Court, S.D. New York.

As Amended March 15, 1988.

Attorney(s) appearing for the Case

Kreindler & Kreindler, New York City, for plaintiff; Paul S. Edelman, Henry Gluckstern, Lori B. Lasson, of counsel.

Robert H. Morse, Galland, Kharasch, Morse & Garfinkle, P.C., Albert F. Grisard, Susan B. Jollie, Andrew B. Sacks, Washington, D.C., Bruce Regenstreich, Callan, Regenstreich & Kosher, Brooklyn Heights, N.Y., for defendant.

LASKER, District Judge.

Plaintiff Andrea McElderry challenges, on antitrust and Federal Aviation Act grounds, a ten dollar excess baggage charge assessed against her by defendant Cathay Pacific Airways, Ltd. ("Cathay Pacific") prior to her flight aboard Cathay Pacific from Hong Kong to Taipei.

In May 1986, McElderry purchased a round-trip airplane ticket which included flights from Louisville, Kentucky to Tokyo, Tokyo to Hong Kong, and Hong Kong to Taipei...

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