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BENSEL v. ALLIED PILOTS ASS'N

No. 03-3176.

387 F.3d 298 (2004)

Leroy BENSEL, individually and as representative of a class consisting of former Trans World Airlines, Inc., pilots employed by TWA Airlines LLC as of April 2001, Appellant v. ALLIED PILOTS ASSOCIATION; TWA Airlines, LLC; Air Line Pilots Association; American Airlines, Inc.

United States Court of Appeals, Third Circuit.

Filed October 26, 2004.

Attorney(s) appearing for the Case

Jerald R. Cureton, (Argued), H. Thomas Hunt, III, Anthony Valenti, Tara Ann Mosier, Cureton Caplan, Delran, NJ, for Appellant.

Steven K. Hoffman, (Argued), Edgar N. James, James & Hoffman, Washington, DC, James Katz, Jennings Sigmond, Cherry Hill, NJ, for Appellee Allied Pilots Association.

Donald L. Havermann, (Argued), Harry Rissetto, Morgan, Lewis & Bockius, Washington, DC, Alfred J. Lechner, Jr., Joseph A. Piesco, Jr., Morgan, Lewis & Bockius, Princeton, NJ, for Appellees TWA Airlines, LLC and American Airlines, Inc.

Daniel M. Katz, (Argued), Katz & Ranzman, Washington, DC, for Appellee Air Line Pilots Association.

Before RENDELL, FISHER and VAN ANTWERPEN, Circuit Judges.

OPINION OF THE COURT

VAN ANTWERPEN, Circuit Judge.

In this appeal of summary judgment, Appellants challenge the order of the District Court which granted summary judgment as to all Defendants-Appellees and dismissed all counts of Appellants' Second Amended Restated Complaint. Plaintiffs-Appellants (the "Class") are a group of airline pilots formerly employed by Trans World Airlines, Inc. ("TWA"). The gravamen of the Class' complaints, which arise...

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