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GINSBERG v. NORTHWEST, INC.

No. 09-56986.

653 F.3d 1033 (2011)

S. Binyomin GINSBERG, Rabbi, an individual and on behalf of all others similarly situated, Plaintiff-Appellant, v. NORTHWEST, INC., a Minnesota corporation and a wholly-owned subsidiary of Delta Air Lines, Inc.; Delta Air Lines, Inc., a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 5, 2011.

Attorney(s) appearing for the Case

Thatcher A. Stone , New York, NY, Harold M. Hewell , Hewell Law Firm, San Diego, CA, for the plaintiff-appellant.

Richard T. Williams , Holland & Knight LLP, Los Angeles, CA, Christopher G. Kelly , and Judith R. Nemsick , Holland & Knight LLP, New York, NY, for the defendants-appellees.

Opinion by Judge BEEZER; Concurrence by Judge RYMER.

OPINION

BEEZER, Circuit Judge:

Plaintiff brought suit against an airline alleging a common law breach of contract under the implied covenant of good faith and fair dealing. The district court held that Plaintiff's claim was preempted by the Airline Deregulation Act ("ADA"), 49 U.S.C. § 41713(b)(1), and dismissed the claim pursuant to Fed.R.Civ.P. 12(b)(6). We conclude that the ADA does not preempt this common law contract claim, and reverse the district...

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