Legal Opinion
Viola Rogers, Guardian v. Ray Gardner Flying Service, Inc.
Court of Appeals for the Fifth Circuit
Decided December 22, 1970No. 28666PublishedCited by 43 opinions
1Opinion of the Court
SIMPSON, Circuit Judge:
This appeal requires us once more to examine the amorphous subject of federal pre-emption. The precise question is whether Title 49, U.S.C. Section 1301 (26) 1 preempts the Oklahoma law of bailments as it bears upon the liability of an owner-lessor of an airplane for the negligent acts of a non-agent operator-lessee.
This is a wrongful death action arising out of the crash of a private plane on January 2, 1967, in Oklahoma. . Federal jurisdiction is based on diversity of citizenship. Gordon Hunter, a citizen of Texas, was pilot of the plane. The other occupants were his…
2Cases cited26 opinions
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
- The HarrisburgSupreme Court of the United States · 1886
- American Insurance v. 356 Bales of CottonSupreme Court of the United States · 1828
21 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- McDaniel v. RitterMississippi Supreme Court · 1989
- In Re Mexico City Aircrash of October 31, 1979 Consolidated Proceedings. Gary Steve Haley, as Heir and of Deceased Theresa Yoriko Sugano Haley, Gary Steven Haley, Special Administrator for the Estate of Theresa Yoriko Sugano Haley v. Western Airlines, Inc., Blanca Estela Paz Tovar, Heir and of Deceased Regina Patricia Tovar Blanca Estela Paz Tovar, Special Administrator for the Estate of Regina Patricia Tovar, Anthony John Dzida, as Heir and of Deceased Vikki Dzida, Anthony John Dzida, Special Administrator for the Estate of Vikki Dzida, Plaintiff v. Western Airlines, Inc., a Delaware Corporation, McDonnell Douglas Company, Inc., a Maryland Corporation Estate of Charles Gilbert Sperry-Rand, Inc., Sunstrand Data Control, Inc., a Foreign Corporation Bendix Corporation, Flight Systems Division, a Delaware Corporation Rockwell International, Inc. Collins Air Transport Division, a Foreign Corporation Thompson, C.F.S., a Foreign CorporationCourt of Appeals for the Ninth Circuit · 1983
- Air Wisconsin, Inc. v. North Central Airlines, Inc.Wisconsin Supreme Court · 1980
- Haker v. Southwestern Railway Co.Montana Supreme Court · 1978
- Margaret Louise Breitwieser and James J. Breitwieser v. Kms Industries, Inc., D/B/A Advo SystemsCourt of Appeals for the Fifth Circuit · 1972
38 more not listed; retrieve them via the Exa API.