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DELTA AIR LINES, INC. v. BLACK

No. 02-0255.

116 S.W.3d 745 (2003)

DELTA AIR LINES, INC. and Al Perez, Petitioners, v. Robert C. BLACK, Respondent.

Supreme Court of Texas.

Decided September 11, 2003.

Attorney(s) appearing for the Case

Dan K. Horn, John G. Sams, Don Rynn Freiling, John M. Weaver, Maloney Bean Horn & Hull, P.C., Irving, for Petitioner.

Ronald E. Harden, Dorothy J. Harden, Law Offices of Ronald E. Harden, Kaufman, for Respondent.

Justice JEFFERSON delivered the opinion of the Court.

We grant Robert C. Black's motion for rehearing in part. We withdraw our opinion of June 26, 2003 and substitute the following in its place.

The Airline Deregulation Act of 1978(ADA) provides that states "may not enact or enforce a law ... related to a price, route, or service of an air carrier...." 49 U.S.C. § 41713(b)(1). This case concerns the scope of this preemption provision, specifically, its...

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