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HARRIS v. AMERICAN AIRLINES, INC.

No. 92-36768.

55 F.3d 1472 (1995)

Donna Jean HARRIS, Plaintiff-Appellant, v. AMERICAN AIRLINES, INC., a Delaware corporation, and John Doe, a fictitious party, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 1, 1995.

Attorney(s) appearing for the Case

Christopher H. Kent, O'Connell, Goyak & DiLorenzo, Portland, OR, for plaintiff-appellant.

James N. Westwood, Steven O. Rosen, Pamela J. Stendahl, Miller, Nash, Wiener, Hager & Carlsen, Portland, OR, for defendant-appellee.

Before: ALARCON, NORRIS, and LEAVY, Circuit Judges.

LEAVY, Circuit Judge:

The issue before us is whether section 1305(a)(1) of the Federal Aviation Act, also known as the Airline Deregulation Act (the Act), 49 U.S.C.App. §§ 1301-1308 (1978 and Supp.1994) preempts state law claims against an airline for negligence, the intentional infliction of emotional distress, and violation of a state public accommodation statute where one passenger harassed another by making rude and obnoxious remarks indicative of racial...

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