LUEDKE v. DELTA AIR LINES, INC.

No. 92 civ. 1778 (RPP).

159 B.R. 385 (1993)

Margot LUEDKE, Janet Weeks, Patricia Herlihy, Christine Klepeis, Christopher Mulraine, William Worrell, Gladys Healy, Cecilia Tagliaferri, Marie Leicht, Samuel P. Leinbach, Jr., Merlin Leon Tryon, Hans S. Oey, and John Green on behalf of themselves and all others similarly situated, Plaintiffs, v. DELTA AIR LINES, INC., Defendant and Third-Party Plaintiff, v. PAN AM CORPORATION, PAA Corp., Pan American World Airways, Inc., Allmat International, Inc., Pan Am Shuttle, Inc., Pan Am Express, Inc., Alert Management Systems, Inc., Pan Am Commercial Services, Inc., the Official Committee of Unsecured Creditors of Pan Am Corporation, et al., A.I. Leasing II, Inc., Air Line Pilots Association, International, Caterair International Corp., Electronic Services International, Inc., IBJ Schroder Bank & Trust Co., International Brotherhood of Teamsters, Midlantic National Bank, MTU Maintenance GMbH, Ernest L. Ransome, III, S.G. Warburg Soditic S.A., Transport Workers Union of America, AFL-CIO, United Technologies Corp., and Anthony Ben Walsh, Third-Party Defendants.

United States District Court, S.D. New York.

August 20, 1993.


Attorney(s) appearing for the Case

Davis, Polk & Wardwell by Dennis E. Glazer, John J. Clarke, Jr., New York City, for defendant and third-party plaintiff Delta Air Lines, Inc.

Varet, Marcus & Fink, P.C. by Arthur H. Ruegger, Richard Levy, Jr., New York City, for third-party defendants The Official Committee of Unsecured Creditors and Certain Individual Members.

Baker & McKenzie by Joseph Samet, Donald J. Kravet, New York City, for third-party defendant S.G. Warburg Soditic.

Wachtell, Lipton, Rosen & Katz by Amy R. Wolf, New York City, for third-party defendant United Technologies Corp.


OPINION AND ORDER

ROBERT P. PATTERSON, Jr., District Judge.

Plaintiffs sued Delta Air Lines, Inc. ("Delta"), for lost wages, benefits, and other monetary losses under theories of breach of contract, breach of duty of good faith and fair dealing, promissory estoppel, and breach of fiduciary duty. Delta then impleaded the third-party defendants seeking "claim over/contribution" for any liabilities assessed against it in favor of the plaintiffs. On December...

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