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PUBLIC HEALTH TRUST OF DADE COUNTY, FL v. LAKE AIRCRAFT

No. 91-5267.

992 F.2d 291 (1993)

The PUBLIC HEALTH TRUST OF DADE COUNTY, FLORIDA, d/b/a Jackson Memorial Hospital, Plaintiff-Intervenor, William Dee, Plaintiff-Appellant, v. LAKE AIRCRAFT, INC., a foreign corporation registered to do business in the State of Florida, Aerofab, Inc., a foreign corporation, Consolidated Aeronautics, Inc., a foreign corporation, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 28, 1993.

Attorney(s) appearing for the Case

Edward A. Perse, Perse, P.A., Roy D. Wasson, Miami, FL, for plaintiff-appellant.

Joseph E. Schmitz, Washington, DC, Howard Daigle, Jr., Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, LA, for defendants-appellees.

Stanley J. Green, Judith Hope, Washington, DC, amicus curiae.

Before TJOFLAT, Chief Judge, EDMONDSON, Circuit Judge, and DYER, Senior Circuit Judge.

EDMONDSON, Circuit Judge:

The district court entered summary judgment for defendants in this products liability case, which arises from the crash of an amphibious airplane. We must decide whether federal regulations pre-empt Dee's common law claims that an airplane seat was defectively designed even though the seat complied with federal design standards. Because federal law pre-empts none of Dee's claims, we vacate the district court's judgment.

I. Background...

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