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AUSTRIAN AIRLINES OESTERREICHISCHE v. UT FINANCE

No. 04 Civ. 3854 (LAK).

567 F.Supp.2d 579 (2008)

AUSTRIAN AIRLINES OESTEREICHISCHE LUFTVERKEHRS AG, Plaintiff, v. UT FINANCE CORPORATION, Defendant.

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

July 18, 2008.

Attorney(s) appearing for the Case

William E. Wallace III, Donna Frances Mulvihill, Aaron L. Renenger, Andrew M. Leblanc, Andrew E. Tomback, Lesley A. Benn, Milbank, Tweed, Hadley & McCloy LLP, for Plaintiff.

John M. Toriello, Marc L. Antonecchia, Holland & Knight LLP, for Defendant.

OPINION

LEWIS A. KAPLAN, District Judge.

During the 1990's, United Technologies Corporation ("UTC") was anxious to have Austrian Airlines specify jet engines made by one of UTC's affiliates for use on new aircraft being ordered by Austrian. It entered into a somewhat complex deal pursuant to which Austrian agreed to do so, and a UTC affiliate, UT Finance Corporation ("UTF"), probably as a "sweetener," agreed to buy a particular used aircraft from Austrian...

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