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IN RE CONTINENTAL AIRLINES, INC.

Nos. 05-1053, 05-1096.

484 F.3d 173 (2007)

In re CONTINENTAL AIRLINES, INC., et al., Debtors. *Continental Airlines, Inc.; Continental Airlines Holdings, Inc. v. *The Eastern Pilots Merger Committee, Inc.; The Eastern Arbitration Group, Inc.; The Individual Members of the Eastern Pilots Merger Committee, Inc.; John O'B. Clarke, Jr.; The Individuals of the Eastern Arbitration Group, Inc. (District of Delaware Civil No. 04-cv-00031). Eastern Pilots Merger Committee, Inc.; Peter Crawford, Individually and as the Representative of All Similarly Situated Eastern Pilots; *Michael Weglarz, v. *Eastern Airlines, Inc.; Continental Airlines, Inc.; Air Line Pilots Association (District of Delaware Civil No. 04-cv-00071) *(Amended in accordance with the Clerk's Order dated 03/02/05). Eastern Pilots Merger Committee, Inc.; Peter Crawford; the Individual Members of the Eastern Pilots Merger Committee, Inc.; John O'B. Clarke, Jr., Appellants in No. 05-1053. Michael Weglarz, Appellant in No. 05-1096.

United States Court of Appeals, Third Circuit.

Opinion Filed April 24, 2007.

Attorney(s) appearing for the Case

John O'B. Clarke, Jr. (Argued), Highsaw, Mahoney & Clarke, P.C., Washington, D.C., for Appellants.

Michael Weglarz (Argued), Alpharetta, GA, Pro se.

Jon A. Geier, Paul, Hastings, Janofsky & Walker LLP, Washington, D.C., Robert S. Brady, Joseph M. Barry (Argued), Young, Conaway, Stargatt & Taylor, LLP, Wilmington, DE, for Continental.

Daniel M. Katz (Argued), Katz & Ranzman, P.C., Washington, D.C., for Air Line Pilots Ass'n.

Before FUENTES, FISHER, and McKAY, Circuit Judges.

OPINION OF THE COURT

FUENTES, Circuit Judge.

In 1986, airline pilots employed by the former Eastern Airlines entered into a collective bargaining agreement with their employer. The agreement stated that if Eastern merged with another airline, the Eastern pilots' seniority rights would be fairly integrated with those of the new airline. Shortly thereafter, Eastern merged with Continental but Continental refused to bargain with Eastern's pilots over seniority...

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