Legal Opinion

Mortimer v. Delta Air Lines

District Court, N.D. Illinois

Decided July 24, 1969No. 69 C 643PublishedCited by 38 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

NAPOLI, District Judge.

The plaintiffs, Mortimer and Hoffman, have brought this action against Delta Air Lines for being barred from the defendant’s oversold flight for which they had tickets and confirmed reservations. They seek an injunction as well as compensatory and punitive damages. The defendant has moved to dismiss the complaint for lack of jurisdiction.

The complaint alleges that the action arises under section 404(b) of the Fed eral Aviation Act, 49 U.S.C. § 1374(b). This section provides as follows:(b) No air carrier or foreign air carrier shall make,…

2Cases cited15 opinions

  1. Bell v. HoodSupreme Court of the United States · 1946
  2. Steele v. Louisville & Nashville RailroadSupreme Court of the United States · 1944
  3. Tunstall v. Brotherhood of Locomotive Firemen & EnginemenSupreme Court of the United States · 1945
  4. Reitmeister v. ReitmeisterCourt of Appeals for the Second Circuit · 1947
  5. Ella Fitzgerald, John Lewis, Georgiana Henry and Norman Granz v. Pan American World Airways, Inc.Court of Appeals for the Second Circuit · 1956

10 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. 2 Fair empl.prac.cas. 356, 2 Empl. Prac. Dec. P 10,166 Pete Gomez v. Florida State Employment ServiceCourt of Appeals for the Fifth Circuit · 1969
  2. Ralph Nader v. Allegheny Airlines, Inc.Court of Appeals for the D.C. Circuit · 1975
  3. Louis Danna, Robert F. Esler, and All Others Similarly Situated v. Air FranceCourt of Appeals for the Second Circuit · 1972
  4. Kalish v. Trans World Airlines, Inc.Ohio Supreme Court · 1977
  5. Walt Shinault v. American Airlines, Inc.Court of Appeals for the Fifth Circuit · 1991

33 more not listed; retrieve them via the Exa API.

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