IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No.98-50448
Summary Calendar
JULIAN CHARLES MITCHELL,
Plaintiff-Appellant,
versus
DELTA AIR LINES,
Defendant-Appellee.
Appeal from the United States District Court
for the Western District of Texas
(A-97-CV-605)
NOvember 12, 1998
Before JOLLY, SMITH, and WIENER, Circuit Judges.
PER CURIAM:*
Plaintiff-Appellant Julian Charles Mitchell appeals from a
favorable but disappointing summary judgment of the district court,
awarding him $2,500.00 against Defendant-Appellee Delta Air Lines,
Inc., for damage to Mitchell’s electric wheelchair which he had he
checked with Delta when flying from Atlanta, Georgia to his home in
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
Austin, Texas. The amount of the judgment was for the maximum
amount under a tariff posted by Delta and is double the amount of
the standard limit of liability for loss or destruction of a
passenger’s personal property.1
In our de novo review of this summary judgment case, we have
carefully considered the entire record on appeal, the essentially
uncontested facts of the case, and the legal argument advanced by
able counsel in their respective appellate briefs; and we have
considered the Order and Judgment filed by the district court on
March 23, 1998. Like the district court before us, we are
sympathetic with Mitchell’s predicament but are firmly convinced
that the applicable law affords no relief greater than the
$2,500.00 maximum specified in Delta’s duly posted tariff. We base
our conclusion on the same reasoning reflected in the district
court’s careful and complete analysis, and, rather than wasting
judicial resources simply to paraphrase the opinion of the district
court, we adopt it in toto, incorporate it herein by reference, and
attach a copy hereto. For those reasons, the judgment of the
district court is, in all respects,
AFFIRMED.
1
See 14 C.F.R. § 254.4.
2