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Argued: May 12, 2008

BEFORE: FEINBERG, MINER, and HALL, Circuit Judges.

This is a consolidated appeal from three final Orders of the United States District Court for the Eastern District of New York (Glasser, J.): (1) Plaintiffs in United Airlines, Inc. v. Brien (“United Airlines”) appeal from a Memorandum and Order entered September 23, 2004, granting Defendants’ motion for summary judgment and denying Plaintiffs’ cross-motion for summary judgment; (2) Plaintiffs in Air India Ltd. v. Brien (“Air India”) appeal from a Memorandum and Order entered December 27, 2006, granting Defendants’ Fed. R. Civ. P. 60(b)(6) motion for relief from judgment, and from a subsequent Order entered February 13, 2007, clarifying that the December 27, 2006, Order granted Defendants’ motion for summary judgment and denied Plaintiffs’ cross-motion for summary judgment; and (3) Plaintiffs in Finnair OY v. Brien (“Finnair”) appeal from an Order entered February 13, 2007, granting Defendants’ motion for summary judgment and denying Plaintiffs’ cross-motion for summary judgment. By Order of this Court dated May 18, 2007, the three appeals were consolidated. In United Airlines, we REVERSE in part and AFFIRM in part. We REVERSE the judgment of the district court in the Air India and Finnair cases.

 
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