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CRILEY v. DELTA AIR LINES, INC.

No. 175, Docket 96-7110.

119 F.3d 102 (1997)

David M. CRILEY; Ronald G. Fitch; David E. Jones; Constantine G. Vlahakis, individually and on behalf of all other persons similarly situated, Plaintiffs-Appellants, v. DELTA AIR LINES, INC.; Air Line Pilots Association International, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 11, 1997.

Attorney(s) appearing for the Case

Leonard N. Flamm, New York City (Norman Mednick and Maria D. Beckman, New York City, On the Brief), for Plaintiffs-Appellants.

William H. Boice, Atlanta, GA (Stephen E. Hudson, Kilpatrick & Cody, Atlanta, GA., On the Brief; Stuart H. Bompey and Ira G. Rosenstein, Orrick, Herrington & Sutcliffe, New York, N.Y., Of Counsel), for Defendants-Appellees.

Before: WALKER and LEVAL, Circuit Judges, and STANTON, District Judge.

PER CURIAM:

Plaintiffs, who are former pilots of Pan Am World Airways, Inc., appeal the summary dismissal of their claims under the Age Discrimination in Employment Act, 29 U.S.C. §§ 621 et seq. ("ADEA"). The pilots contend that when the defendant Delta Air Lines, Inc. took over the faltering Pan Am shuttle Delta's hiring selection of Pan Am pilots was age biased. The United States District Court for the Eastern District of New York (Jack B. Weinstein...

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