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PARISE v. DELTA AIRLINES, INC.

No. 97-2386.

141 F.3d 1463 (1998)

Frank J. PARISE, Plaintiff-Appellant, v. DELTA AIRLINES, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 28, 1998.

Attorney(s) appearing for the Case

Julius L. Williams, Orlando, FL, for Plaintiff-Appellant.

Hunter R. Hughes, Rogers & Hardin, Atlanta, GA, Thomas C. French, Benjamin A. Stone, Delta Air Lines, Inc., Law Dept., Atlanta, GA, for Defendant-Appellee.

Before BIRCH, Circuit Judge, and HILL and KRAVITCH, Senior Circuit Judges.

BIRCH, Circuit Judge:

Frank J. Parise appeals the district court's order dismissing his employment discrimination action based on federal preemption under the Airline Deregulation Act of 1978 (ADA), 49 U.S.C. § 41713(b)(1). For the reasons that follow, we conclude that the district court erred in finding Parise's suit to be preempted and remand for proceedings consistent with this opinion.

I. BACKGROUND

Parise worked as a customer service agent...

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