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FLOYD v. EASTERN AIRLINES, INC.

No. 86-5381.

872 F.2d 1462 (1989)

Rose Marie FLOYD and Terry Floyd, her husband, Connie Gale and Michael Gale, her husband, Michael Gale and Connie Gale, his wife, Gloria Patterson, Edmond Patterson, Thomas J. Nolan, Robert Scharhag, Eugene H. Champ, Frederick W. Hoehler, IV, Sally Ann Collins, Michael R. Dramis, Sandy Dix and Gary Dix, her husband, Dana Dix, By and Through her parents Gary Dix and Sandy Dix, as guardians and next friends, Alexander Dix, By and Through his parents Gary Dix and Sandy Dix, as guardians and next friends, Gerri Ash Self, Susan Rooney and William Rooney, her husband, Janet Jacobs and Bruce Jacobs, her husband, Alexander Embry, Salim Khoury and Deborah Khoury, his wife, Bruce Jacobs and Janet Jacobs, his wife, Myriam Carrasco (f/k/a Myriam Riley) Terry Floyd and Rose Marie Floyd, Gary Dix and Sandy Dix, his wife, Salim Khoury and Deborah Khoury, his wife, Gregory Mantz, By and Through his parents, Netta Mantz and Harold D. Mantz, as guardians and next friends Netta Mantz, Harold Mantz, Gregory D. Mantz, By and Through his father Harold D. Mantz, Plaintiffs-Appellants, v. EASTERN AIRLINES, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 5, 1989.

Attorney(s) appearing for the Case

Joel D. Eaton, Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin, P.A., Miami, Fla., for plaintiffs-appellants.

Kathleen M. O'Connor, Thornton, David & Murray, P.A., Miami, Fla., for defendant-appellee.

Before JOHNSON and ANDERSON, Circuit Judges, and ATKINS, Senior District Judge.

ANDERSON, Circuit Judge:

This case presents difficult questions of interpretation of the Warsaw Convention. It also presents a difficult question concerning a Florida state law cause of action for intentional infliction of emotional injury; however, this court is bound by the state court's resolution of this issue. The case also presents issues relating to preemption of the state law cause of action. Because we hold that the district court erred in its construction...

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