TRANS PACIFIC LEASING CORP. v. AERO MICRONESIA

No. 98 Civ. 7466 (LAK).

26 F.Supp.2d 698 (1998)

TRANS PACIFIC LEASING CORPORATION, Plaintiff, v. AERO MICRONESIA, INC., Defendant.

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

November 24, 1998.


Attorney(s) appearing for the Case

Brooks R. Burdette, Matthew B. White, Sami B. Groff, Schulte Roth & Zabel LLP, New York City, for Plaintiff.

David M. Kirstein, Ralph G. Blasey, III, Samuel L. Hendrix, Baker & Hostetler LLP, William M. Brodsky, Jonathan Mazer, Baden Kramer Huffman & Brodsky, P.C., Washington, DC, for Defendant.


OPINION

KAPLAN, District Judge.

The dispositive question in this contract dispute is whether the lease pursuant to which defendant Aero Micronesia, Inc. ("AMI") has rented a Boeing 727-200 cargo jet from plaintiff Trans Pacific Leasing Corporation ("TPL") requires that the aircraft be operated by a third party, Ryan International Airlines, Inc. ("Ryan"), or instead permits AMI itself to fly the plane. The Court finds that TPL is correct in asserting that...

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