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IN RE AIR CRASH AT DALLAS/FORT WORTH AIRPORT

No. 88-1456 Summary Calendar.

861 F.2d 814 (1988)

In re AIR CRASH AT DALLAS/FORT WORTH AIRPORT ON AUGUST 2, 1985. David C. MILLER, Jr., and M. Dorothy Miller, Plaintiffs-Appellants, v. DELTA AIR LINES, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 12, 1989.

Attorney(s) appearing for the Case

Tom Davis, Mike Davis, Byrd, Davis & Eisenberg, Austin, Tex., for plaintiffs-appellants.

John H. Martin, Craig A. Haynes, Thompson & Knight, Dallas, Tex., for defendant-appellee.

Before KING, JOHNSON and SMITH, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

The facts of this case are not complicated. David Miller ("Miller") died in a Delta Airlines, Inc. ("Delta" or "defendant"), plane crash on August 2, 1985. His daughter, Dorothy Michele Miller ("daughter"), brought a survivors and wrongful death diversity action as representative of Miller's estate under Fla.Stat. §§ 768.16-27 (1985) in the United States District Court for the Southern District of Florida, Miami Division (...

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