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DATA MFG., INC. v. UNITED PARCEL SERVICE, INC.

No. 08-1646.

557 F.3d 849 (2009)

DATA MANUFACTURING, INC., a Missouri corporation, Appellant, v. UNITED PARCEL SERVICE, INC., an Ohio corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 4, 2009.

Attorney(s) appearing for the Case

Michael A. Wolff, James A. Schuchart, on the brief, St. Louis, MO, for appellant.

Ruth N. Borenstein, argued, San Francisco, CA, Patrick J. Kenny, Jovita Foster, St. Louis, MO, Janelle J. Sahouria, San Francisco, CA, on the brief, for appellee.

Before GRUENDER, BEAM, and SHEPHERD, Circuit Judges.

BEAM, Circuit Judge.

Data Manufacturing, Inc. (DMI) appeals the district court's Rule 12(b)(6) dismissal of its lawsuit against United Parcel Service (UPS). We hold that all but one of DMI's claims are preempted by the Federal Aviation Administration Authorization Act of 1994, 49 U.S.C. § 14501(c)(1) (FAAAA). Accordingly, we reverse and remand for adjudication of DMI's sole surviving claim—that it did not agree to pay a $10 re-billing fee in its contract...

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