With no explanation, chose the best option from "A", "B", "C" or "D". falls within section 40102(a)(25)’s definition of “interstate air transportation” and, thus, within section 40116(b)’s preemptive reach. As we did in United Parcel Service, we reject such an unbridled reading of the statute. Further, Lynden’s position is not bolstered by Lynden’s reliance on many of the same cases considered and distinguished in United Parcel Service. See, e.g., City of Philadelphia v. Civil Aeronautics Board, 289 F.2d 770 (D.C.Cir.1961) (allowing freight forwarder to provide trucking service, as opposed to air service, based primarily on language specific to the Certificate issued by the Civil Aeronautics Board); Federal Express Corp. v. California Public Utilities Comm’n, 936 F.2d 1075 (9th Cir.1991), cert. denied, 504 U.S. 979, 112 S.Ct. 2956, 119 L.Ed.2d 578 (1992) (<HOLDING>); Airborne Freight Corp. v. Department of

A: holding that a party did not waive its preemption defense where its answer did not specifically mention preemption but contained a broader defense that was capable of encompassing preemption
B: holding that 49 usc  1305  a broader preemption statute with very different language  preempted state regulation of federal express including its trucking services
C: recognizing that erisas preemption regime is driven by the overpowering federal policy in favor of federal regulation
D: holding that the preemption provision of the act does not apply to a fraud prosecution because there is no conflict with state insurance regulation
B.