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HODGES v. DELTA AIRLINES, INC.

No. 91-6037.

4 F.3d 350 (1993)

Frances S. HODGES, Plaintiff-Appellant, v. DELTA AIRLINES, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 14, 1993.

Attorney(s) appearing for the Case

Stuart J. Starry, Fleming, Hovenkamp & Grayson, Houston, TX, David W. Showalter, Bellaire, TX, for plaintiff-appellant.

Jeffrey Robert White, Washington, DC, for amicus curiae in favor of plaintiff-appellant (ATLA).

David R. Weiner, Dallas, TX, for amicus curiae in favor of plaintiff-appellant (TTLA).

Jennifer Bruch Hogan, William J. Boyce, Fulbright & Jaworski, Houston, TX, for defendant-appellee.

Before DAVIS and JONES, Circuit Judges, and PARKER, District Judge.

EDITH H. JONES, Circuit Judge:

The question posed in this case is whether a tort claim for physical injury based on an unsafe condition in an airplane is preempted by § 1305 of the Airline Deregulation Act of 1978. Bound by a previous unpublished opinion of this court, we must hold that it is. Baugh v. Trans World Airlines, Inc., 915 F.2d 693 (1990). The panel believes this is the wrong result and urges en banc review.

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