Frazier v. Amer Airlines Inc, (3rd Cir. 2007)

Status: Not Precedential

Docket Number: 06-3200

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Text

NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

Nos. 06-3200 and 3201

PATTI FRAZIER, Individually and on behalf of others

similarly situated; RICKY L. MARTIN, Individually

and on behalf of others similarly situated; DAN

BRIDGEMAN, Individually and on behalf

of others similarly situated,

Appellants in No. 06-3200

v. AMERICAN AIRLINES, INC.; TWA AIRLINES LLC

BARBARA V. LEVY, Individually and on behalf of

others similarly situated,

Appellant in No. 06-3201

v. AMERICAN AIRLINES, INC; TWA AIRLINES LLC

On Appeal from the United States District Court

for the District of Delaware

(D.C. Civ. Nos. 03-00734 and 03-00792)

Honorable Joseph J. Farnan, District Judge

Argued June 14, 2007

BEFORE: SMITH and GREENBERG, Circuit Judges, and

POLLAK,* District Judge (Filed:July 9, 2007) OPINION OF THE COURT Stephen H. Gardner (argued) 5646 Milton Street Meadows Building Dallas, TX 75206 Attorney for Appellants Steven J. Fineman Frederick L. Cottrell, III Richards, Layton & Finger One Rodney Square P.O. Box 551 Wilmington, DE 19899 Salvatore Romanello Robert S. Berezin (argued) Gregory S. Coleman Richard Rothman Weil, Gotshal & Manges 767 Fifth Avenue 27th Floor New York, NY 10153 Attorneys for Appellees

*Honorable Louis H. Pollak, Senior Judge of the United States District Court for the Eastern District of Pennsylvania, sitting by designation.

GREENBERG, Circuit Judge.

These matters come on before the court on consolidated appeals from judgments entered on May 25, 2006, in the district court in accordance with the district court's comprehensive memorandum opinion reported as Frazier v. American Airlines, Inc., 434 F. Supp. 2d 279 (D. Del. 2006). The district court exercised jurisdiction pursuant to 28 U.S.C. 1332 and we have jurisdiction under 28U.S.C. § 1291. Inasmuch as the appeals are from summary judgments, we are exercising plenary review on this appeal. See In re Ikon Office Solutions, Inc., 277 F.3d 658, 665 (3d Cir. 2002). Like the district court, we will apply Delaware law, as the parties during oral argument before us did not object to the use of that state's law.

After our review of this matter, we are in full accord with the judgments and opinion of the district court and we will affirm the judgments entered on May 25, 2006, for the reasons set forth in the district court's opinion.