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KARKOMI v. AMERICAN AIRLINES

August 3, 1989

ZEV KARKOMI, et al., etc., Plaintiffs,
v.
AMERICAN AIRLINES, INC., et al., Defendants


Milton I. Shadur, United States District Judge.


The opinion of the court was delivered by: SHADUR

MILTON I. SHADUR, UNITED STATES DISTRICT JUDGE

 Zev Karkomi ("Karkomi"), his wife Shifra Karkomi and their daughter Vickie Siegel ("Siegel"), individually and as next friend of her minor son Ari Siegel ("Ari"), originally sued American Airlines, Inc. ("American") and Myrna Shaw ("Shaw") in the Circuit Court of Cook County, claiming:

 
1. American's violation of 49 U.S.C.Appx. ยง 1374 (Count 1 *fn1" );
 
2. American's several common-law infractions:
 
(a) breach of fiduciary duty as a common carrier(Count 2);
 
(b) conversion (Count 3);
 
(c) negligence (Count 4);
 
(d) intentional infliction of emotional distress (Count 5); and
 
(e) breach of contract (Count 6); and
 
3. Shaw's intentional interference with contract (Count 7).

 After the proper removal of the action to this District Court, American answered Counts 1, 3 and 6 and moved to dismiss Counts 2, 4 and 5 under Fed. R. Civ. P. ("Rule") 12(b)(6). For the reasons stated in this memorandum opinion and order, the motion is granted in its entirety.

 Facts2

 Karkomi is a member of American's Gold Advantage Frequent Flyer Program. Under that program American permitted him to buy tickets at the regular coach fare and then call American's O'Hare Airport personnel, who would upgrade his tickets to first class at no additional charge.

 In early 1988 Siegel made reservations for herself and Ari to fly to and from Acapulco, Mexico that December on American. She made arrangements to purchase the tickets through travel agent Shaw. When Karkomi later arranged for tickets for all four family members through another travel agent, Siegel cancelled her own ticket arrangements with Shaw (but not her reservations with American). *fn3"

 On November 22, 1988 Karkomi bought four discounted round trip coach tickets to Acapulco from a travel agent and had all four upgraded for first-class travel. Accordingly he received in the mail four coach tickets and four first-class boarding passes.

 On December 29, 1988 Karkomi alone attempted to board the plane for his return to Chicago. American employees in Acapulco refused to honor -- and confiscated -- both his ticket and the boarding pass pursuant to orders from American in Chicago. This time they were not returned, Karkomi was not given any explanation for those actions, and he had to buy a new full-fare one-way ticket back to Chicago. That purchase, including a first-class upgrade, cost him an additional $ 350. On January 2, 1989 the rest of the Karkomi-Siegel group tried to return home, and the identical series of events befell them at an additional cost of $ 900.

 Fiduciary Duty

 Count 2 para. 18 alleges that American:

 
owed plaintiffs fiduciary duties to protect plaintiffs from abuse and ill treatment by its employees and to provide plaintiffs with safe and comfortable ...

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