Russell Wayne Anderson v. Usair, Inc

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

USAir flight personnel refused to seat appellant Russell Anderson in an emergency overwing exit row because he is blind. Appellant promptly filed, inter alia, two statutory, three constitutional, and three common law claims challenging USAir’s action. Although appellant pursues all but one of the claims on appeal, only a statutory claim is potentially compelling; namely, whether the airline, in refusing to seat Anderson, violated its duty “to provide safe and adequate service” pursuant to section 404(a) of the Federal…