Trans World Airlines, Inc. v. Morales, 90-8387

Decision Date18 January 1991
Docket NumberNo. 90-8387,90-8387
Citation949 F.2d 141
Parties1991-2 Trade Cases P 69,667 TRANS WORLD AIRLINES, INC., et al., Plaintiffs-Appellees, v. Dan MORALES, Attorney General of the State of Texas, et al., Defendants-Appellants.
CourtU.S. Court of Appeals — Fifth Circuit

Robert F. Manifold, Asst. Atty. Gen., Seattle, Wash., for Atty. Gen. of Washington.

Jane F. Wheeler, Ned Bastow, Asst. Attys. Gen., Oklahoma City, Okl., for Atty. Gen. of Oklahoma.

Hugh Kenny, Sr. Asst. Atty. Gen., Cheyenne, Wyo., for Atty. Gen. of Wyoming.

Timothy Wood, Asst. Atty. Gen., Salem, Or., for Atty. Gen. of Oregon.

Clayton S. Friedman, Asst. Atty. Gen., St. Louis, Mo., for Atty. Gen. of Missouri.

Ernest L. Sarason, Jr., Asst. Atty. Gen., Dept. of Atty. Gen., Consumer Protection Div., Boston, Mass., for Atty. Gen. of Massachusetts.

Charlotte H. Rappuhn, Asst. Atty. Gen., Nashville, Tenn., for Atty. Gen. of Tennessee.

Andrea C. Levine, Asst. Atty. Gen., New York St. Dept. of Law, New York City, for Atty. Gen. of New York.

Robert J. Lamont, Sen. Dep. Atty. Gen., Charleston, W.Va., for Atty. Gen. of West Virginia.

Lisa Barrett, Asst. Atty. Gen., Montpelier, Vt., for Atty. Gen. of Vermont.

Catherine K. Broad, Dep. Atty. Gen., Office of Atty. Gen., Boise, Idaho, for Atty. Gen. of Idaho.

Jeffrey P. Hallem, Asst. Atty. Gen., Pierre, S.D., for Atty. Gen. of South Dakota.

Vincent DeMarco, Asst. Atty. Gen., Baltimore, Md., for Atty. Gen. of Maryland.

David Woodward, Sp. Asst. Atty. Gen., St. Paul, Minn., for Atty. Gen. of Minnesota.

Carmen D. Claudio, Asst. Atty. Gen., Phoenix, Ariz., for Atty. Gen. of Arizona.

Robert T. Stephan, Atty. Gen., Topeka, Kan., for Atty. Gen. of Kansas.

James C. Gulick, Sp. Atty. Gen., N.C. Dept. of Justice, K.D. Sturgis, Asst. Atty. Gen., Raleigh, N.C., for Atty. Gen. of North Carolina.

David W. Huey, Asst. Atty. Gen., Bismarck, N.D., for Atty. Gen. of North Dakota.

Stephen Gardner, Craig Jordan, Asst. Attys. Gen., Dallas, Tex., for Atty. Gen. of Texas.

Robert M. Langer, Asst. Atty. Gen., Hartford, Conn., for Atty. Gen. of Connecticut.

Ellen B. Leidner, Asst. Atty. Gen., Consumer Protection Div., Columbus, Ohio, for Atty. Gen. of Ohio.

Richard L. Cleland, Sp. Asst. Atty. Gen., Iowa Dept. of Justice, Des Moines, Iowa, for Atty. Gen. of Iowa.

Barbara W. Tuerkheimer, Madison, Wis., for Atty. Gen. of Wisconsin.

Albert N. Shelden, Depty. Atty. Gen., San Diego, Cal., for Atty. Gen. of California.

Ronald D. Secrest, David Wilks Corban, Fulbright & Jaworski, Houston, Tex.; Andrew C. Freedman, Fulbright & Jaworski, New York City; Frederick deB. Bostwick, III, Naman, Howell, Smith & Lee, Waco, Tex., for appellants.

John J. Williams, Assoc. Gen. Counsel, Houston, Tex., for Continental Airlines.

Mary McGuire Voog, Mark A. Buckstein, Mt. Kisco, N.Y., for Trans World Airlines, Inc.

Karen K. Crider, Jackson Heights, N.Y., Mark McCall, Sullivan & Cromwell, Washington, D.C., for British Airways PLC.

Appeal from the United States District Court for the Western District of Texas.

Before JOHNSON, SMITH and WIENER, Circuit Judges.

PER CURIAM:

Defendants 1 appeal from the district court's grant of Plaintiffs' motion for summary judgment and the imposition of a permanent injunction. Finding no error, this Court affirms.

I. FACTS AND PROCEDURAL HISTORY

The background facts for this appeal are thoroughly explained in the prior consolidated appeal of this action. See Trans World Airlines, Inc. v. Mattox, 897 F.2d 773 (5th Cir.1990). In the prior appeal, a panel of this Court affirmed the district court's issuance of a preliminary injunction. It is necessary here only to note one significant factual event which occurred subsequent to the prior appeal. The district court, after considering this Court's prior opinion, granted summary judgment in favor of Plaintiffs and permanently enjoined the Defendants "and all other parties acting in concert or participating with the Defendnts [sic] or on their behalf, and all other persons having actual knowledge of this order" from

initiating any enforcement action or actions pursuant to any provision of state law, which would seek to regulate or restrict any aspect of the individually named Plaintiff airlines' air fare advertising or their other operations involving their rates, routes and/or services.

Defendants timely appealed.

II. DISCUSSION

Defendants advance the following issues in this appeal:

1. Did the district court abuse its discretion by enjoining thirty-four sovereign state attorneys general (including Texas) from enforcing their individual state laws in a case where the district court lacks jurisdiction over the claims of each airline plaintiff because there is no case or controversy?

2. Did the district court abuse its discretion by enjoining these state attorneys general because the court lacked subject matter jurisdiction in fact over these attorneys general?

3. Did the district court abuse its discretion in granting the airlines' request for declaratory relief when it had no independent basis to exercise jurisdiction over the attorneys general?

4. Did the district court abuse its discretion by granting plaintiffs' motion for summary judgment or judgment on the pleadings when the record discloses that material questions of fact exist?

5. Did the district court abuse its discretion by never requiring plaintiffs to respond to each of the issues raised by the thirty-three states' motions to dismiss the amended complaint, never ruling on said motions, never allowing the states the right to answer the amended complaint and never allowing the states the right to develop through discovery facts to contradict plaintiffs' allegations regarding the claimed subject matter jurisdiction of the district court over each and every one of the state attorney general defendants?

6. Did the district court abuse its discretion by extending the scope of its final judgment and permanent injunction to include within its purview "all other persons having actual knowledge of this order"?

7. Did the district court abuse its discretion by permanently enjoining thirty-three sovereign state attorneys general over whom it lacks personal jurisdiction from enforcing their own state false and deceptive advertising and practices laws?

8. Did the district court abuse its discretion by permanently enjoining thirty-three attorneys general as to whom it has no jurisdiction because venue, as to these attorneys general, is not proper in the Western District of Texas because none of them reside in that district and, as to them, the claim, if any, did not arise in that district?

9. Did the district court abuse its discretion by permanently enjoining thirty-three sovereign attorneys general who were improperly held to be parties to the action because the district court does not...

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