Baker

This appeal presents the question whether Delta Air Lines, Inc. (“Delta”) is bound as a successor by an injunction prohibiting Western Air Lines, Inc. (“Western”) from preventing pilots age 60 and older from down-bidding two steps to the position of second officer or flight engineer. Also at issue is whether various exhibits were admissible at trial and whether Delta was entitled to judgment as a matter of law on the claim that it willfully violated the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. §§ 621-34 (1988). We hold that Delta is bound by the injunction against Western, that the district court erred in excluding certain plaintiffs’ exhibits, and that, as a matter of law, Delta did not willfully violate the ADEA. Accordingly, we reverse the district court in part and remand for a new trial, except for the claim of Alvin C. Oppenheim.

BACKGROUND

The Federal Aviation Administration (“FAA”) requires that captains and first officers who pilot commercial air carriers be less than 60 years old. 14 C.F.R. § 121.383 (c). The captain is the pilot in command of the aircraft and is responsible for all phases of its operation. The first officer functions as *635 copilot…