ATWELL, Chief Judge.
The suit must be dismissed, not because of want of jurisdiction, as urged by the defendant, nor because of laches, nor because of the balancing of equities, but because the plaintiff's proof does not preponderate.
First.
The plea to the jurisdiction is overruled because there is nothing in the Aviation Act, either state or national, which requires the citizen to first seek any specified administrative remedy, before appealing...
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