BUCK v. AMERICAN AIRLINES, INC.

No. 06-1625.

476 F.3d 29 (2007)

Craig BUCK et al., Plaintiffs, Appellants, v. AMERICAN AIRLINES, INC., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 7, 2007.


Attorney(s) appearing for the Case

Evans J. Carter, with whom Evans J. Carter, P.C. was on brief, for appellants.

Matthew A. Porter, with whom Michael S. Shin and Dechert LLP were on brief, for appellees American Airlines, Inc., Alaska Airlines, Inc., Continental Airlines, Inc., Southwest Airlines Co., Airlines Reporting Corp., and Air Transport Association of America, Inc.

Ethan G. Shenkman, with whom Daniel M. Esrick, David W. Ogden, and Wilmer Cutler Pickering Hale and Dorr LLP were on brief, for appellee Deutsche Lufthansa A.G.

Kevin C. Cain and Peabody & Arnold LLP on brief for appellees Aer Lingus Ltd., Alitalia-Linee Aeree Italiane S.p.A. d/b/a Alitalia Airlines, and British Airways, PLC, d/b/a British Airways.

Thomas J. Whalen, with whom Kathleen M. Guilfoyle, Campbell Campbell Edwards & Conroy, P.C., and Eckert Seamans Cherin & Mellott, LLC were on brief, for appellees China Eastern Airlines Co. and China Southern Airlines Co.

Before HOWARD, Circuit Judge, SELYA, Senior Circuit Judge, and SHADUR, Senior District Judge.


SELYA, Senior Circuit Judge.

When the plaintiffs in this case purchased nonrefundable airline tickets that they ultimately were unable to use, they received no payback of any kind. In the lawsuit that followed, they conceded that they were correctly denied any refund of their base fares but accused the airlines of unlawfully failing to refund various fees and taxes that had been collected as part of the original ticket prices. The plaintiffs' core theory was that...

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