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McDONNELL v. GUILFORD COUNTY TRADEWIND AIRLINES, INC.

No. COA07-634.

670 S.E.2d 302 (2009)

John R. McDONNELL, Plaintiff, v. GUILFORD COUNTY TRADEWIND AIRLINES, INC., Defendant.

Court of Appeals of North Carolina.

January 6, 2009.

Attorney(s) appearing for the Case

Smith, James, Rowlette, & Cohen, L.L.P., by Seth R. Cohen and J. David James, Greensboro, for plaintiff-appellant.

Tuggle, Duggins, & Meschan, P.A., by J. Reed Johnston, Jr. and Ryan S. Luft, Greensboro, for defendant-appellee.

BRYANT, Judge.

Tradewind Airlines, Inc. (defendant) terminated John R. McDonnell (plaintiff) from his position as a flight engineer after he refused an assignment to ferry a plane from Burlington, Vermont to Greensboro, North Carolina. Plaintiff alleges that his flight schedule preceding the termination of employment violated several Federal Aviation Regulations (FARS), and, as a result, he was too fatigued to execute his duties safely. For the reasons stated herein...

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