FLOYD v. EASTERN AIRLINES, INC.

No. 86-5381.

937 F.2d 1555 (1991)

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 and 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.

August 9, 1991.


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, Aurora A. Ares, Thornton, David & Murray, P.A., Linda Singer Stein, Miami, Fla., for defendant-appellee.

Steven G. Jugo, Law Offices of Jugo & Murphy, Miami, Fla., for Gloria Patterson and Edmond Patterson.

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


ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM:

In light of the Supreme Court's opinion in this case, Eastern Airlines, Inc. v. Floyd, ___ U.S. ___, 111 S.Ct. 1489, 113 L.Ed.2d 569 (1991), the judgment of the district court dismissing plaintiffs' cause of action under Fed.R.Civ.P. 12(b)(6) is due to be affirmed in all respects except one.

In Part VII of our original opinion,

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