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SIGMON v. SOUTHWEST AIRLINES CO.

No. 96-10720.

110 F.3d 1200 (1997)

Ernesto D. SIGMON, individually and on behalf of all others similarly situated; William Gregory Hassler, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. SOUTHWEST AIRLINES COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 28, 1997.

Attorney(s) appearing for the Case

Roger L. Mandel, Marc R. Stanley, Dallas, TX, for Plaintiffs-Appellants.

Robert Charles Walters, Russell Yager, Vinson & Elkins, Dallas, TX, for Defendant-Appellee.

Before DUHÉ, BENAVIDES and STEWART, Circuit Judges.

BENAVIDES, Circuit Judge:

This appeal requires us to determine whether airline passengers can bring suit against an airline to obtain refunds of amounts erroneously collected by the airline as federal excise taxes. We conclude that they cannot.

In late 1995, Ernesto Sigmon and William Hassler each purchased an airline ticket from Southwest Airlines Company ("Southwest") for travel in 1996. In addition to the ticket price, Southwest included a 10% charge on...

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