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DOUGLASS v. DELTA AIR LINES, INC.

No. 89-5545.

897 F.2d 1336 (1990)

Pamela K. DOUGLASS, Individually and as Next Friend of Christopher Douglass, Byron Douglass, and Jennifer Douglass, Minors, and Steven Takus as Independent Executor of the Estate of Michael Douglass, Deceased, Plaintiffs-Appellees, v. DELTA AIR LINES, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 9, 1990.

Attorney(s) appearing for the Case

James D. Guess, Ron A. Sprague, Preston H. Dial, Jr., Sharon E. Callaway, Thomas H. Crofts, Jr., Groce, Licke & Hebdon, San Antonio, Tex., for defendant-appellant.

Michael Lynn Cook, Shapiro, Edens & Cook, Alan D. Albright, Akin, Gump, Strauss, Hauer & Feld, Austin, Tex., R. Jack Ayres, Jr., Thomas V. Murto, III, Dallas, Tex., for plaintiffs-appellees.

Before HIGGINBOTHAM, SMITH, and DUHE, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

This dispute arose as a consequence of a fatal commercial airline crash. We are asked to decide whether the measure of wrongful-death damages awarded to a decedent's immediate family comports with Texas law; with two notable exceptions, we conclude that it is. We depart with the district court, first, in its assessment of lost inheritance, which, we conclude, erroneously incorporates a measure of double recovery. Second, we find the...

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