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2470 CADILLAC RESOURCES, INC. v. DHL EXPRESS (USA), INC.

5216, 603613/08.

84 A.D.3d 697 (2011)

923 N.Y.S.2d 530

2470 CADILLAC RESOURCES, INC., et al., Appellants, v. DHL EXPRESS (USA), INC., Respondent, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 31, 2011.

Plaintiffs, franchisees of domestic shipping services, seek to enforce alleged third-party beneficiary rights under agreements between the franchisor, not a party to this action, and defendant DHL, the operator of a global delivery and shipping network. To the extent their claims are based on allegations as to DHL's rates, routes or services, these claims are preempted by the Airline Deregulation Act and the Federal Aviation Administration...

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