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Frazier v. Levy

United States Court of Appeals, Third Circuit
Jul 9, 2007
229 F. App'x 171 (3d Cir. 2007)

Opinion

Nos. 06-3200, 06-3201.

Argued June 14, 2007.

Filed: July 9, 2007.

On Appeal from the United States District Court for the District of Delaware (D.C. Civ. Nos. 03-00734 and 03-00792), Honorable Joseph J. Farnan, District Judge.

Stephen H. Gardner (argued), Dallas, TX, for Appellants.

Steven J. Fineman, Frederick L. Cottrell, III, Richards, Layton Finger, Wilmington, DE, Salvatore Romanello, Robert S. Berezin (argued), Gregory S. Coleman, Richard Rothman, Weil, Gotshal Manges, New York, NY, for Appellees.

BEFORE: SMITH and GREENBERG, Circuit Judges, and POLLAK, District Judge.

Honorable Louis H. Pollak, Senior Judge of the United States District Court for the Eastern District of Pennsylvania, sitting by designation.


OPINION OF THE COURT


These matters come on before the court on consolidated appeals from judgments entered on May 25, 2006, in the district court in accordance with the district court's comprehensive memorandum opinion reported as Frazier v. American Air-lines, Inc., 434 F.Supp.2d 279 (D.Del. 2006). The district court exercised jurisdiction pursuant to 28 U.S.C. § 1332 and we have jurisdiction under 28 U.S.C. § 1291. Inasmuch as the appeals are from summary judgments, we are exercising plenary review on this appeal. See In re Ikon Office Solutions, Inc., 277 F.3d 658, 665 (3d Cir. 2002). Like the district court, we will apply Delaware law, as the parties during oral argument before us did not object to the use of that state's law.

After our review of this matter, we are in full accord with the judgments and opinion of the district court and we will affirm the judgments entered on May 25, 2006, for the reasons set forth in the district court's opinion.


Summaries of

Frazier v. Levy

United States Court of Appeals, Third Circuit
Jul 9, 2007
229 F. App'x 171 (3d Cir. 2007)
Case details for

Frazier v. Levy

Case Details

Full title:Patti FRAZIER, Individually and on behalf of others similarly situated…

Court:United States Court of Appeals, Third Circuit

Date published: Jul 9, 2007

Citations

229 F. App'x 171 (3d Cir. 2007)

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; cf. Frazier v. Am. Airlines, Inc., 434 F.Supp.2d 279, 290-91 (D. Del. 2006), aff'd, 229 Fed.Appx. 171…

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