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DIEFENTHAL v. C. A. B.

Nos. 80-3259, 80-3761.

681 F.2d 1039 (1982)

Stanley M. DIEFENTHAL and Elka F. Diefenthal, Plaintiffs-Appellants, v. CIVIL AERONAUTICS BOARD and Eastern Airlines, Inc., Defendants-Appellees. Stanley M. DIEFENTHAL and Elka F. Diefenthal, Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent.

United States Court of Appeals, Fifth Circuit.

August 6, 1982.

Attorney(s) appearing for the Case

William G. Tabb, III, New Orleans, La., for plaintiffs-appellants and petitioners.

Michaelle F. Pitard, Asst. U. S. Atty., New Orleans, La., Mark Frisbie, Glen M. Bendixsen, C. A. B., Washington, D. C., for C. A. B. in No. 80-3259.

McGlinchey, Stafford & Mintz, William V. Dalferes, Jr., Dermot S. McGlinchey, Timothy F. Burr, New Orleans, La., for Eastern Airlines.

Barbara Thorson, Mark Frisbie, Washington, D. C., for C. A. B. in No. 80-3761.

Before CLARK, Chief Judge, GEE and GARWOOD, Circuit Judges.

CLARK, Chief Judge:

Stanley and Elka Diefenthal appeal from the district court's order dismissing their claims against the Civil Aeronautics Board (CAB) and Eastern Airlines. They also petition for review of a CAB order finding that regulating smoking was within the scope of its statutory authorization. We affirm.

I

The Diefenthals purchased first class tickets aboard a flight from New Orleans to Philadelphia on Eastern Airlines. They requested seats...

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