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Austrian Airlines v. UT Finance

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Austrian Airlines v. UT Finance
Court Southern District of New York
Citation 567 F. Supp. 2d 579
Date decided July 18, 2008

Facts

Austrian Airlines Oesterreichische Luftverkehrs AG ("Austrian") contracted to sell a used airplane to United Technologies Finance Corporation ("UT"). In turn, UT planned to re-sell the used airplane.

Between the time of the contract & the delivery date, the used-airplane market crashed. So, UT rejected Austrian's tender of the plane under the pretext that the plane's fuel tanks weren't approved by the FAA.

Case Text Links