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A federal appeals court Tuesday upended a New York law ordering airlines to provide food, water, clean toilets and fresh air to passengers confined in planes that have been unable to take off after three hours.

In a unanimous per curiam decision, the 2nd U.S. Circuit Court of Appeals found New York’s statute — the first of its kind in the nation — had been pre-empted by the federal Airline Deregulation Act of 1978.

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