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GEE v. SOUTHWEST AIRLINES

Nos. 95-17175, 95-36117, 95-36188, 95-56278.

110 F.3d 1400 (1997)

Shirley GEE; Ryan Jeffrey Gee; Sean Paul Fong, a minor by and through his guardian ad litem Shirley Gee; Patricia Seto; Samantha Seto; Corey Seto, Plaintiffs-Appellants, v. SOUTHWEST AIRLINES, Southwest Airlines Company, Defendant-Appellee. Herbert H. GADBURY, Plaintiff-Appellant, v. DELTA AIRLINES, INC., Foreign Corporation doing business in Oregon, Defendant-Appellee. Jan ROWLEY, Plaintiff-Appellant, v. AMERICAN AIRLINES, INC., Defendant-Appellee. Donna COSTA, Plaintiff-Appellant, v. AMERICAN AIRLINES, INC.; Roe Corporation, Inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 4, 1997.

As Amended on Denial of Rehearing and Suggestion for Rehearing May 28, 1997.

Attorney(s) appearing for the Case

Cornish F. Hitchcock, Public Citizen Litigation Group, Washington, DC, for plaintiffs-appellants in No. 95-17175.

Robert J. Stumpf, Jr., Bronson, Bronson & McKinnon, San Francisco, CA, for defendant-appellee in No. 95-17175.

Cornish F. Hitchcock, Public Citizen Litigation Group, Washington, DC, for plaintiff-appellant in No. 95-36117.

Steven O. Rosen, Miller, Nash, Wiener, Hager & Carlsen, Portland, OR, for defendant-appellee in No. 95-36117.

Douglas L. Parker and Lisel Loy, Institute for Public Representation, Georgetown University Law Center, Washington, DC, for plaintiff-appellant in No. 95-36188.

Steven O. Rosen and James N. Westwood, Miller, Nash, Wiener, Hager & Carlsen, Portland, OR, for defendant-appellee in No. 95-36188.

Robert N. Herman, Paralyzed Veterans of America, Washington, DC, as amicus curiae in support of appellant in No. 95-36188.

Debra E. Allen, Allen, Mullings & Allen, Santa Ana, CA, for plaintiff-appellant in No. 95-56278.

Jeffrey A. Worthe and John R. Hanson, Worthe, Shaver & Hanson, Santa Ana, CA, for defendants-appellees in No. 95-56278.

Before O'SCANNLAIN, THOMAS G. NELSON and HAWKINS, Circuit Judges.

As Amended on Denial of Rehearing and Suggestion for Rehearing En Banc May 28, 1997.

MICHAEL DALY HAWKINS, Circuit Judge:

In these actions, consolidated for argument, appellants sought damages against various airlines based on in-flight events ranging from loathsome behavior by fellow passengers to objects dropping on them from overhead bins. They appeal summary judgment grants to defendant airlines based on the preemption of the appellants' state tort claims...

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