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PRESCOD v. AMR, INC.

No. 02-55097.

383 F.3d 861 (2004)

Florence R. PRESCOD, individually and as successor in interest to Caroline Neischer, deceased; Oswald Rodrigues; Orin Rodrigues; Godfrey Rodrigues; Sandra Allison; Portia Ann Kennard Smith, Plaintiffs-Appellees, v. AMR, INC., dba American Airlines; British West Indies, dba BWIA, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Submission Vacated June 3, 2003.

Resubmitted April 8, 2004.

Filed August 19, 2004.

Attorney(s) appearing for the Case

Stephen J. Fearon and John Maggio, Condon & Forsyth, New York, NY, for the defendants-appellants.

Bruce J. Altshuler, Brown, Altshuler & Spiro, Beverly Hills, CA, for the plaintiffs-appellees.

Before: HALL, THOMPSON, and BERZON, Circuit Judges.

PER CURIAM:

For most travelers affected by air carriers' misplacement of luggage, the inconvenience is a fleeting nuisance. In the case before us, however, the district court found that the defendant Airlines' failure to ensure that Caroline Neischer's bag remained in her possession was a substantial cause of Neischer's death nine days after the bag's confiscation, because the bag contained "a life-sustaining breathing device and related medicine." The defendants...

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