Darrell F. Alessi v. Northwest Airlines

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No. 96-2259 ___________

Darrell F. Alessi, * * Appellant, * * Appeal from the United States v. * District Court for the * District of Minnesota. Northwest Airlines, Inc., a * foreign corporation, * [UNPUBLISHED] * Appellee. *

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Submitted: December 10, 1996

Filed: December 13, 1996 ___________

Before FAGG, WOLLMAN, and MURPHY, Circuit Judges. ___________

PER CURIAM.

In separate actions, Darrell F. Alessi sued Northwest Airlines, Inc. ("Northwest"), Delta Air Lines ("Delta"), and United Airlines ("United"), alleging his applications for a pilot position were denied in violation of the Employee Protection Program of the Airline Deregulation Act of 1978, 49 U.S.C.A. § 42103(a). The critical issue common to all of Alessi's actions was whether he was a "protected employee" entitled to be the first employed by a covered air carrier. In the parallel case against Delta, the court held that Alessi was not a "protected employee." Ackerman v. Delta Airlines, Inc., 920 F. Supp. 1269, 1276-78 (N.D. Ga. 1995). After concluding Alessi's claim was barred by this decision, the district court1 granted Northwest's motion for summary judgment on collateral estoppel grounds. Alessi appeals, and we now affirm.

1 The Honorable David S. Doty, United States District Judge for the District of Minnesota.

We review de novo the grant of summary judgment, applying the same standard as the district court. Demming v. Housing and Redevelopment Auth., 66 F.3d 950, 953 (8th Cir. 1995). Because the Delta decision determining Alessi was not a "protected employee" bars relitigation of this issue, we agree with the district court that Northwest is entitled to judgment as a matter of law. See Tyus v. Schoemehl, 93 F.3d 449, 453 (8th Cir. 1996) (discussing collateral estoppel requirements); Aetna Casualty & Sur. Co. v. General Dynamics Corp., 968 F.2d 707, 711 (8th Cir. 1992) (same); Perkins v. Spivey, 911 F.2d 22, 35 (8th Cir. 1990) (recognizing defensive use of collateral estoppel), cert. denied, 499 U.S. 920 (1991). We note that while this case was pending, another court also relied on the Delta decision to collaterally estop Alessi from relitigating this claim. See Ackerman v. United Airlines, Inc., No. 96-2455 (TFH) (D. D.C. Sept. 13, 1996).

We also reject Alessi's other arguments on appeal as without merit, and deny his objection to Northwest's submission of a supplemental appellate brief. Accordingly, we affirm.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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