United States Eighth Circuit
Data Mfg., Inc. v. United Parcel Serv., Inc., 08-1646
In a dispute over billing fees, district court's dismissal of plaintiff's claims is affirmed in part where all but one of DMI's claims are preempted by the Federal Aviation Administration Authorization Act. Plaintiff's breach of contract claim was not preempted, and that claim is remanded for further proceedings.
Appellate Information
- Decided 03/04/2009
- Published 03/04/2009
Judges
- BEAM, Circuit Judge., Before GRUENDER, BEAM, and SHEPHERD, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- Michael A. Wolff, James A. Schuchart, on the brief, St. Louis, MO, for appellant.
- For Appellees:
- Ruth N. Borenstein, argued, San Francisco, CA, Patrick J. Kenny, Jovita Foster, St. Louis, MO, Janelle J. Sahouria, San Francisco, CA, on the brief, for appellee.