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Air Line Pilots Association v. Trans World Airlines Inc.

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT


October 3, 1983

AIR LINE PILOTS ASSOCIATION, INTERNATIONAL, PLAINTIFF-APPELLANT,
v.
TRANS WORLD AIRLINES, INC., DEFENDANT-APPELLEE, HAROLD H. THURSTON, ET AL. AND NICHOLAS VASILAROS, ET AL., DEFENDANTS-INTERVENORS APPELLEES; HAROLD H. THURSTON, CHRISTOPHER J. CLARK AND C. A. PARKHILL, PLAINTIFFS-APPELLANTS, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, PLAINTIFF-INTERVENOR APPELLANT, AGAINST TRANS WORLD AIRLINES, INC. AND AIR LINE PILOTS ASSOCIATION, INTERNATIONAL, DEFENDANTS-APPELLEES.

At a Stated Term of the United States Court of Appeals, in and for the Second Circuit, held at the United States Court House, in the City of New York, on the third day of October, one thousand nine hundred and eighty-three.

PRESENT: HONORABLE STERRY R. WATERMAN, HONORABLE WALTER R. MANSFIELD, Circuit Judges.

Order AMENDING OPINION

Upon further consideration the petition of Air Line Pilots Association, International (ALPA) for a rehearing is granted to the extent that we amend our majority opinion as follows:

Slip Op. 5448, line 19: Insert after "monetary damages" the phrase ", including back pay," so that the line will read "monetary damages, including back pay, against a labor organization. We".

Slip Op. 5448, line 24: Insert after "monetary damage" the words "or back pay" so that lines 24-25 will read "incorporation of FLSA precludes a monetary damage or back pay award against ALPA. Neuman v. Northwest Airlines,".

Slip Op. 5448, line 26: Insert after "(N.D. Ill. 1981)" the following: "; see Brennan v. Emerald Renovatoros, Inc., 410 F. Supp. 1057, 1059 n.5 (S.D.N.Y. 1975). Appellants are therefore only entitled to injunctive relief against the union."

Slip Op. 5448, line 27, to page 5449, line 7: Strike the entire paragraph.

Slip Op. 5449, lines 13-14: Strike the words "amount as may be found due" and substitute the phrase "relief as it is entitled to" so that lines 13-14 will read "and ALPA andd to award to each plaintiff such relief as it is entitled to against each defendant in accordance".

In all other respects the petition for rehearing is denied. It is so ordered.

19831003

© 1998 VersusLaw Inc.



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