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ZEPHYR AVIATION, L.L.C. v. DAILEY

No. 00-20169.

247 F.3d 565 (2001)

ZEPHYR AVIATION, L.L.C.; et al., Plaintiffs, Zephyr Aviation, L.L.C., Plaintiff-Appellant, v. Robert Alan DAILEY, also known as Bob Dailey; Kenneth Wayne Clary, also known as Ken Clary, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Revised, April 24, 2001

Attorney(s) appearing for the Case

George E. Crow, Law Office of George E. Crow, Katy, TX, for Plaintiff-Appellant.

Eleanor Ann Robinson-Gaither, Asst. U.S. Atty., Keith Orlando Edward Wyatt, Houston, TX, for Defendants-Appellees.

Before HILL, JOLLY and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

Zephyr Aviation, L.L.C. (Zephyr) appeals the dismissal of its constitutional tort action against Robert Alan Dailey and Kenneth Wayne Clary (the Defendants). Zephyr contends that the FAA's administrative remedies do not contemplate constitutional tort actions against FAA inspectors in their individual capacity, and, therefore, the district court erred in dismissing its claims for lack of subject-matter jurisdiction after concluding that Zephyr...

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