Rousseff

FINDINGS OF FACT AND CONCLUSIONS OF LAW

Defendant, Western Airlines, Inc., herein presents its Findings of Fact and Conclusions of Law:

FINDINGS OF FACT

I. On October 26, 1973, plaintiff boarded WESTERN AIRLINES Flight No. 216 at Los Angeles, and said flight was scheduled to arrive at Phoenix at 4:59 P.M., with an intermediate stop at San Diego.

2. When Flight No. 216 arrived in San Diego, plaintiff was requested to disembark and was treated as being a stand-by passenger on the flight from San Diego to Phoenix.

3. Plaintiff was not given a confirmed seat for the San Diego to Phoenix flight.

4. Defendant WESTERN rerouted plaintiff from San Diego back to Los Angeles on Delta Airlines Flight No. 864, and from Los Angeles to Phoenix on WESTERN AIRLINES Flight 724.

5. WESTERN Flight No. 724 was scheduled to arrive in Phoenix at 6:40 P.M., less than two hours from the scheduled arrival time of Flight No. 216.

6. Plaintiff accepted and used the rerouted ticket provided by defendant WESTERN.

7. Plaintiff has no remedy at law, because he was provided with alternative transportation which would have gotten him to his destination within less than two hours from his originally…