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CIVIL AERONAUTICS BOARD v. MODERN AIR TRANSPORT

81 F.Supp. 803 (1949)

CIVIL AERONAUTICS BOARD et al. v. MODERN AIR TRANSPORT, Inc.

United States District Court S. D. New York.

January 13, 1949.

Attorney(s) appearing for the Case

John F. X. McGohey, U. S. Atty., and David M. McKibbin, Asst. U. S. Atty., both of New York City, Edward Dumbauld and Wm. D. McFarlane, Sp. Assts. to Atty. Gen., and Oliver Carter, Acting Chief, Enforcement & Litigation Section, Civil Aeronautics Board, and Dent D. Dalby, Chief, Enforcement & Litigation Division, Civil Aeronautics Administration, both of Washington, D. C., (Emory T. Nunneley, Jr., Gen. Counsel, and John H. Wanner, Asst. Gen. Counsel, Civil Aeronautics Board, both of Washington, D. C., and S. W. Bobskill, Regional Atty., Civil Aeronautics Administration, of New York City, of counsel), for plaintiffs.

Morris A. Schoenfeld, of New York City, and Charles S. Rhyne and Eugene J. Bradley, both of Washington, D. C., for defendant.

COXE, Chief Judge.

This is a motion by the plaintiffs for a preliminary injunction in an action for injunctive relief restraining the defendant from engaging in air transportation in violation of Section 401(a) of the Civil Aeronautics Act of 1938, as amended, 49 U.S.C.A. § 481(a).

The defendant is an air carrier as defined in the Act, and on August 19, 1947 there was issued to it a Letter of Registration as an Irregular Air Carrier under Section 292...

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