Yeager

Yeager v. Cingular Wireless LLC

Good Law
627 F. Supp. 2d 1170·2008 WL 2413167·88 U.S.P.Q. 2d (BNA) 1372·2008 U.S. Dist. LEXIS 46449
United States District Court, Eastern District of CaliforniaJune 12, 2008CIV. S-07-2517 FCD GGHCalifornia3,496 words

Opinion

Opinion

Damrell, J.

MEMORANDUM AND ORDER

This matter is before the court on defen dant AT & T Mobility LLC’s (“defendant” or “AT & T”) motion to dismiss plaintiff General Charles E. Yeager’s (“plaintiff” or ‘Yeager”) complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiff opposes the motions. For the reasons set forth below, defendant’s motion is DENIED.

BACKGROUND

Plaintiff Yeager is a retired General Officer of the United States Air Force. (CompL, filed Nov. 21, 2007, ¶ 5.) He served in the Air Force during World War II as a fighter pilot, flying P-51 Mustangs. (Id.) During one mission, Yeager was shot down, evaded capture, and aided local resistance forces. (Id.) He escaped from behind enemy lines to American control and resumed his duties. (Id.) He is one of the few American fighter pilots to become an “ace in a day,” by downing five enemy fighters in one mission. (Id.)

After World War II, Yeager became a test pilot. (Id. ¶ 6.) In that capacity, he became the first person to break the speed of sound, known as Mach 1. (Id.) Shortly thereafter, he became the first person to exceed 2.4 times the speed of sound, known as Mach 2. (Id.) He subsequently set and/or…

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