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TAJ MAHAL TRAVEL, INC. v. DELTA AIRLINES INC.

No. 97-5652.

164 F.3d 186 (1998)

TAJ MAHAL TRAVEL, INC., Appellant, v. DELTA AIRLINES INC.; Air Canada; Airlines Reporting Corporation, Appellees.

United States Court of Appeals, Third Circuit.

Decided December 30, 1998.

Attorney(s) appearing for the Case

Gianni Donati (ARGUED), Princeton, New Jersey, for Appellant.

Francis P. Newell (ARGUED), Montgomery, McCracken, Walker & Rhoads, LLP, Philadelphia, Pennsylvania, Stacy A. Fols, Montgomery, McCracken, Walker & Rhoads, LLP, Cherry Hill, New Jersey, for Appellees.

Before: BECKER, Chief Judge, WEIS, and GARTH, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this appeal, we determine that the defendant airline's form letter advising a number of passengers that their tickets are considered to be stolen may be defamatory to the plaintiff travel agency that sold the tickets. We also conclude that the preemption provision of the Airline Deregulation Act does not apply to this state tort claim. Accordingly, we will reverse the District Court's dismissal of the plaintiff...

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