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ALASKA AIR TRANSPORT v. ALASKA AIRPLANE CHARTER CO.

No. 5588-A.

72 F.Supp. 609 (1947)

ALASKA AIR TRANSPORT, Inc., et al. v. ALASKA AIRPLANE CHARTER CO.

District Court, Alaska. First Division. Juneau.

August 20, 1947.

Attorney(s) appearing for the Case

Faulkner & Banfield, of Juneau, Alaska, for plaintiff.

Patrick J. Gilmore, Jr., U. S. Dist. Atty., of Juneau, Alaska, for C.A.B. as amicus curiae.

John E. Manders, of Anchorage, Alaska, as amicus curiae.

Simon Hellenthal, of Juneau, Alaska, for defendant.

FOLTA, District Judge.

Plaintiff, a certificated air carrier, alleges that defendant has since June 24, 1946, been engaged in air transportation within the meaning of the Civil Aeronautics Act of June 23, 1938, 52 Stat. 973, as amended, 49 U.S.C.A. § 401, in direct competition with plaintiff, without having obtained a certificate and, under Section 1007 (a) of the Act, seeks to enjoin defendant from continuing therein. Section 401 (a) of the Act prohibits any...

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