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Civil Procedure Keyed to Counsellor, 3rd Ed.
Diefenthal v. Civil Aeronautics Board
Citation:
681 F.2d 1039 (1982)Facts
Stanley and Elka Diefenthal purchased first-class tickets on an Eastern Airlines flight from New Orleans to Philadelphia and requested seats in the smoking section, which was confirmed before departure. Upon boarding, they were informed by a flight attendant that the first-class smoking section was full and they would have to sit in a no-smoking area if they wished to fly first class. The Diefenthals claimed the flight attendant treated them “brusquely,” causing them embarrassment and humiliation. They sued both the CAB, challenging its authority to regulate smoking on aircraft, and Eastern Airlines, seeking injunctive relief and damages for breach of contract and tortious treatment. The district court dismissed all claims, and the Diefenthals appealed while also petitioning the CAB to eliminate its smoking regulation, which the CAB denied.
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