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MONTGOMERY v. AMERICAN AIRLINES, INC.

No. 78-2608.

637 F.2d 607 (1980)

James A. MONTGOMERY, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. AMERICAN AIRLINES, INC., a corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 28, 1980.

Certiorari Denied February 23, 1981.

Attorney(s) appearing for the Case

Lloyd Edward Tooks, San Diego, Cal., for plaintiff-appellant.

Donald D. Connors, Jr., Brobeck, Phleger & Harrison, San Francisco, Cal., for defendant-appellee.

Before ELY and WALLACE, Circuit Judges, and KING, District Judge.

Certiorari Denied February 23, 1981. See 101 S.Ct. 1368.

SAMUEL P. KING, Chief Judge:

This is an appeal from the action of the district court, on cross motions for summary judgment, granting judgment in favor of Appellee American Airlines, Inc. (defendant below) and against Appellant James A. Montgomery (plaintiff below).

The district court based its action on the grounds that (1) the action was barred under the doctrine of res judicata, and...

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