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NADER v. ALLEGHENY AIRLINES

No. 75-455.

426 U.S. 290 (1976)

NADER v. ALLEGHENY AIRLINES, INC.

Supreme Court of United States.

Decided June 7, 1976.

Attorney(s) appearing for the Case

Reuben B. Robertson III argued the cause for petitioner. With him on the briefs was Alan B. Morrison.

E. Barrett Prettyman, Jr., argued the cause for respondent. With him on the briefs were Frank F. Roberson and William A. Bradford, Jr.*

MR. JUSTICE POWELL delivered the opinion of the Court.

In this case we address the question whether a common-law tort action based on alleged fraudulent misrepresentation by an air carrier subject to regulation by the Civil Aeronautics Board (Board) must be stayed pending reference to the Board for determination whether the practice is "deceptive" within the meaning of § 411 of the Federal Aviation Act of 1958, 72 Stat. 769, 49 U. S. C. § 1381. We hold that...

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