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UNITED STATES v. PERKO

Civ. A. Nos. 1233, 1269.

108 F.Supp. 315 (1952)

UNITED STATES v. PERKO et al. UNITED STATES v. ZUPANCICH.

United States District Court D. Minnesota, Fifth Division.

September 26, 1952.

Attorney(s) appearing for the Case

Philip Neville, U. S. Atty., St. Paul, Minn., C. U. Landrum, Sp. Asst. to Atty. Gen., William W. Essling, Asst. U. S. Atty., St. Paul, Minn., and Thomas L. McKevitt, Attorney, Department of Justice, Washington, D. C., for United States.

Edward L. Boyle, Duluth, Minn. (Fryberger, Fulton & Boyle, Duluth, Minn., of counsel), for defendants.

NORDBYE, Chief Judge.

The pertinent portions of Executive Order No. 10092 read as follows,

"By virtue of the authority vested in me by section 4 of the Air Commerce Act of 1926 (44 Stat. 570; 49 U.S.C. 174 [49 U.S.C.A. § 174]), and as President of the United States, it is ordered as follows: "1. The airspace below the altitude of 4,000 feet above sea level over the following-described areas in the...

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