The Diefenthals sued Eastern Airlines and the Civil Aeronautics Board (CAB) for emotional distress caused by smoking restrictions on their flight. The court considered whether the CAB had the authority to regulate smoking under the Federal Aviation Act, and if the Airline Deregulation Act affected this authority. The court also considered whether the plaintiffs had sufficient grounds to claim damages and whether they had a legal basis for a private right of action.
Diefenthal v. Civil Aeronautics Board (1982)
United States Court of Appeals for the Fifth Circuit
681 F.2d 1039
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