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ROGERS v. RAY GARDNER FLYING SERVICE, INC.

No. 28666.

435 F.2d 1389 (1970)

Viola ROGERS, Guardian et al., Plaintiffs-Appellees, v. RAY GARDNER FLYING SERVICE, INC. et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied December 22, 1970.

Attorney(s) appearing for the Case

Jack Pew, Jr., Dudley Chambers, Dallas, Tex., for appellants; Jackson, Walker, Winstead, Cantwell & Miller, Dallas, Tex., of counsel.

James C. Cole, Malvern, Ark., Byrd, Davis, Eisenberg & Clark, Tom H. Davis, Don L. Davis, Austin, Tex., for appellees.

Before GODBOLD, SIMPSON and MORGAN, Circuit Judges.

Rehearing Denied and Rehearing En Banc Denied December 22, 1970.

SIMPSON, Circuit Judge:

This appeal requires us once more to examine the amorphous subject of federal pre-emption. The precise question is whether Title 49, U.S.C. Section 1301 (26)1 preempts the Oklahoma law of bailments as it bears upon the liability of an owner-lessor of an airplane for the negligent acts of a non-agent operator-lessee.

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