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SANCHEZ v. AEROVIAS DE MEXICO, S.A. DE C.V.

No. 08-55588.

590 F.3d 1027 (2010)

Maria SANCHEZ, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. AEROVIAS DE MEXICO, S.A. DE C.V., doing business as Aeromexico, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 5, 2010.

Attorney(s) appearing for the Case

H. Rossbacher, The Rossbacher Firm, Los Angeles, CA, for the petitioner-appellant.

Frank A. Silane, Condon & Forsyth LLP, Los Angeles, CA, for the respondent-appellee.

Opinion by Judge RYMER; Dissent by Judge KLEINFELD.

RYMER, Circuit Judge:

When Maria Sanchez bought a ticket to fly from California to Mexico, the airline collected a tourism tax for the Mexican government from which she, and the class she would like to represent, are exempt. She seeks relief for breach of contract and the implied covenant of good faith and fair dealing, as well as for unjust enrichment and money had and received from Aerovias De Mexico S.A. De C.V., better known as Aeromexico. The district court concluded...

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