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ALITALIA LINEE AEREE ITALIANE v. AIRLINE TARIFF

No. 07 Civ. 756(PKC)(RLE).

580 F.Supp.2d 285 (2008)

ALITALIA LINEE AEREE ITALIANE, S.P.A., Plaintiff, v. AIRLINE TARIFF PUBLISHING COMPANY, Defendant.

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

September 5, 2008.

Attorney(s) appearing for the Case

Eugene Frank Massamillo, Thomas Guy Carulli, Kaplan, von Ohlen & Massamillo, L.L.C., New York, NY, Jonathan Hill, Erkmann, Dow Lohnes, PLLC, Washington, DC, for plaintiff.

Elizabeth Anne Musella, Joshue Daniel Rievman, Hoguet Newman & Regal, LLP, New York, NY, John Parker Erkmann, Dow Lohnes & Albertson, PLLC, Washington, DC, for defendant.

MEMORANDUM AND ORDER

P. KEVIN CASTEL, District Judge.

Plaintiff Alitalia Linee Aeree Italiane, S.p.A. ("Alitalia") brings this diversity action against defendant Airline Tariff Publishing Company ("ATPCO") seeking damages for breach of contract, breach of fiduciary duty, negligence and gross negligence. The claims arise out of the posting by ATPCO of certain Alitalia air fares without noting that the fares were only available in a "low season." The...

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