Eastern Aviation Group, Inc. v. Airborne Express, Inc.

In this action for breach of contract and inducing breach of contract, plaintiff and appellant Eastern Aviation Group, Inc. (EAG, Inc.) appeals from a summary judgment in favor of defendants and respondents ABX Air, Inc. (ABX) and Burbank Aeronautical Corporation II (BAC II).

The parties to this lawsuit are not the identical parties to the 1986 contract which underlies this case. The 1986 agreement was between Eastern Aviation Group Partnership (EAG Partnership) and Burbank Aeronautical Corporation (BAC I). Other litigation between the original parties is pending in the United States District Court for the Southern District of New York. In the instant case, plaintiff and appellant EAG, Inc., brings the action as the alleged assignee or successor in interest of EAG Partnership. Appellant sues defendant and respondent BAC II on the theory that BAC II was subsequently formed with the same stockholders, directors, officers and employees as BAC I, and received valuable technology from BAC I in which appellant had an interest. Defendant and respondent ABX was a customer of BAC I and is sued by appellant on a third party beneficiary theory.

BAC I was engaged in the development…