SMITH v. AMERICA WEST AIRLINES, INC.

No. 91-6070.

44 F.3d 344 (1995)

Charles E. Gene SMITH and Joan Smith, et al., Plaintiffs-Appellants, v. AMERICA WEST AIRLINES, INC. and Connie Lynn Weaver, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 15, 1995.


Attorney(s) appearing for the Case

Joe K. Mitchell, Alison Pettiette, Houston, TX, for appellants.

Jennifer Bruch, Hogan, William J. Boyce, Winstol D. Carter, Jr., Fulbright & Jaworski, Houston, TX, for appellees.

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:

This appeal presents the question whether 49 U.S.C.App. § 1305(a)(1), the express preemption section of the Airline Deregulation Act of 1978, preempts a state law claim for negligence and gross negligence relating to the airline's alleged failure to prevent a would-be hijacker from boarding an airplane as a passenger. The district court, relying on our then-binding precedent, held that the plaintiffs' causes of action were preempted...

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