United States District Court, District of New Jersey, District of Of
July 18, 2003
LEROY "BUD" BENSEL, ET AL., PLAINTIFFS,
ALLIED PILOTS ASSOCIATION, AIR LINE PILOTS ASSOCIATION, AMERICAN AIRLINES, INC., AND TWA AIRLINES, LLC, DEFENDANTS.
The opinion of the court was delivered by: Joseph E. Irenas, District Judge
This matter having appeared before the Court upon Defendants' motions to dismiss, Plaintiffs' motion to dismiss Count X without prejudice, and Plaintiffs' motion for attorney fees and costs, the Court having reviewed the submissions of the parties and having heard oral argument, for the reasons set forth in an opinion issued by this Court, which findings of fact and conclusions of law are incorporated herein by reference, and for good cause appearing,
IT IS on this 18th day of July, 2003,
1. Defendants' motions to dismiss will be treated as motions for summary judgment and will be GRANTED as to Counts I, II, III, IV, V, VI, VII, VIII, and IX of the Plaintiffs' second amended restated complaint.
2. Defendants Air Line Pilots Association, American Airlines, Inc., and TWA Airlines, LLC's motions to dismiss Count X of the Plaintiffs' second amended restated complaint will be treated as motions for summary judgment and will be GRANTED.
3. Defendant Allied Pilots Association's motion to dismiss Count X of the second amended restated complaint will be treated as a motion for summary judgment and Count X will be DISMISSED WITHOUT PREJUDICE as to Allied Pilots Association only.
4. Plaintiffs' motion for attorney fees and costs will be DENIED.
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