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Judge upholds lawsuit dismissal

January 27, 2001

Karen S. Kim

AIRPORT DISTRICT -- A request to reopen a dismissed lawsuit against

Southwest Airlines was denied Wednesday by Judge Marilyn Hoffman in Los

Angeles.

Cynthia Luther, who weighs more than 300 pounds, filed suit against

the airline in May when she was asked to buy a second seat on a flight

from Reno to Burbank-Glendale-Pasadena Airport. In her lawsuit, Luther

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alleges discrimination and harassment because of her size.

Hoffman dismissed the lawsuit in December and upheld the dismissal

Wednesday.

Southwest contended its policies for large passengers is not

discriminatory or illegal and that the same policy is implemented in any

situation where one passenger might affect the comfort of another

passenger.

Luther said in her lawsuit that she sat in one seat, with the armrest

down, and did not encroach on the passengers beside her.

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