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MUSSON THEATRICAL, INC. v. FEDERAL EXPRESS CORP.

No. 95-5120.

89 F.3d 1244 (1996)

MUSSON THEATRICAL, INC., and Modernage Photo Service, Inc., for themselves and all others similarly situated, Plaintiffs-Appellants, v. FEDERAL EXPRESS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 19, 1996.

Attorney(s) appearing for the Case

Cornish F. Hitchcock (argued), Public Citizen Litigation Group, Washington, DC, William L. Gibbons, Evans & Petree, Memphis, TN, Lisa M. Mezzetti (briefed), Herbert E. Milstein, Cyrus Mehri (briefed), Cohen, Milstein, Hausfeld & Toll, Washington, DC, Alan R. Markizon, Coeur D'Alene, ID, David J. Guin, Hogan, Smith & Alspaugh, Birmingham, AL, for Musson Theatrical, Inc., Modernage Photo Service, Inc.

Earle J. Schwarz, Waring Cox, Memphis, TN, Clifford P. Johnson, Federal Express Corp., Memphis, TN, Lee Ann Huntington, Robert B. Mullen (briefed), Eliot S. Jubelirer (argued), Morgenstein & Jubelirer, San Francisco, CA, for Federal Express Corp.

Before: JONES, BOGGS, and BATCHELDER, Circuit Judges.

BOGGS, Circuit Judge.

The plaintiffs ("Musson") appeal the dismissal of federal common law claims of fraud and misrepresentation against Federal Express. Musson also appeals the district court's ruling that state common law claims against Federal Express, pending in a simultaneous state court proceeding, are preempted by the Airline Deregulation Act of 1978. We affirm the district court's dismissal of Musson's federal claims for lack of subject matter jurisdiction...

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