DANIEL v. VIRGIN ATLANTIC AIRWAYS LTD.

No. C-97-3659 WHO.

59 F.Supp.2d 986 (1998)

Ben DANIEL, et. al., Plaintiffs, v. VIRGIN ATLANTIC AIRWAYS LIMITED, Defendant.

United States District Court, N.D. California.

February 23, 1998.


Attorney(s) appearing for the Case

Berndt Ingo Brauer, San Jose, CA, Walter Jay Pakter, Steven C. Dimick, Moore & Dimick, Castro Valley, CA, for plaintiffs.

Jennifer J. Johnston, William MacCary, Condon & Forsyth, Los Angeles, CA, for defendant.


OPINION AND ORDER

ORRICK, District Judge.

In this purported class action against defendant Virgin Atlantic Airways Limited ("Virgin") for damages caused by delay in international air travel, Virgin now moves for judgment on the pleadings or, in the alternative, to dismiss the complaint for failure to state a claim. For the reasons set forth hereinafter, the Court grants Virgin's motion in part and denies it in part.

I.

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