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HODGES v. DELTA AIRLINES, INC.

No. 91-6037.

44 F.3d 334 (1995)

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

United States Court of Appeals, Fifth Circuit.

February 15, 1995.

Attorney(s) appearing for the Case

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

Jeffrey Robert White, Washington, DC, David R. Weiner, Dallas, TX, for amici curiae in favor of appellant.

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

David T. Moran, Jackson & Walker, Dallas, TX, amicus curiae in favor of appellee.

Before POLITZ, Chief Judge, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, and PARKER, Circuit Judges.

EDITH H. JONES, Circuit Judge:

During a flight from the Caribbean to Miami, Frances Hodges was injured when a fellow passenger opened an overhead compartment and dislodged a case containing several bottles of rum. The box fell and cut her arm and wrist. In her lawsuit against Delta Airlines, Hodges alleged that the airline's negligence caused her injury and medical expenses. The question before this court en banc is whether her state law tort claim for physical injury...

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