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LAKER AIRWAYS, INC. v. BRITISH AIRWAYS, PLC

Nos. 98-4229, 98-5561.

182 F.3d 843 (1999)

LAKER AIRWAYS, INC., Plaintiff-Appellant, v. BRITISH AIRWAYS, PLC, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 30, 1999.

Attorney(s) appearing for the Case

Dwight Sullivan, Miami, FL, Robert M. Beckman, Bode & Beckman, L.L.P., Washington, DC, for Plaintiff-Appellant.

Daryl A. Libow, Sullivan & Cromwell, Washington, DC, John L. Warden, John W. Dickey, Sullivan & Cromwell, New York City, Richard G. Garrett, Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, Miami, FL, Steven S. Goodman, Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, Ft. Lauderdale, FL, for Defendant-Appellee.

Before BIRCH and CARNES, Circuit Judges, and MILLS, Senior District Judge.

BIRCH, Circuit Judge:

Laker Airways, Inc. ("Laker") appeals the district court's order dismissing its antitrust action against British Airways PLC ("BA") pursuant to Federal Rule of Civil Procedure 19 and the "act of state" doctrine. For the reasons that follow, we affirm in part, reverse in part, and remand for further proceedings.

I. BACKGROUND

Laker sued BA under federal and Florida state antitrust laws alleging that BA combined and conspired...

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