Cowan

Cowan v. Flying Tiger Line, Inc.

Good Law
1970 Cal. App. LEXIS 2062·8 Cal. App. 3d 549·87 Cal. Rptr. 669·74 L.R.R.M. (BNA) 2894
Court of Appeal of CaliforniaJune 9, 1970Civ. No. 35127California1,238 words

Opinion

Lead Opinion

Fleming, J.

William Cowan appeals an order dismissing with prejudice his complaint against The Flying Tiger Line, Inc. (Flying Tigers) after a demurrer to his complaint was sustained without leave to amend. Cowan was a co-pilot for Flying Tigers for 11 years and a member of the Air Line Pilots Association (ALPA). His complaint sought damages against Flying Tigers for wrongful discharge in violation of its collective bargaining agreement with ALP A and damages against Flying Tigers and certain of its officers for conspiracy to secure his wrongful discharge. The complaint referred to the collective bargaining agreement between Flying Tigers and ALP A in effect at the time of Cowan’s discharge (13 July 1966) and recited that Cowan had performed all of his obligations thereunder and had done nothing to justify the discharge. Additionally, the complaint averred that Cowan had been denied a fair hearing by the administrative tribunal created under the agreement to hear grievances in that the tribunal knowingly received false testimony in support of his discharge. ' "

The collective bargaining agreement provided: “[i]n compliance with Section 204, Title II, of the Railway Labor Act, as…

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