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ALL AMERICAN AIRWAYS v. VILLAGE OF CEDARHURST

Civ. 12680.

106 F.Supp. 521 (1952)

ALL AMERICAN AIRWAYS, Inc. et al. v. VILLAGE OF CEDARHURST et al.

United States District Court E. D. New York.

July 1, 1952.

Attorney(s) appearing for the Case

Fowler Hamilton, New York City, for All American Airways, Inc., et al.

Sidney Goldstein, New York City, for plaintiff, The Port of New York Authority.

Samuel J. Cohen, New York City, for Air Line Pilots Assoc., et al.

James G. Moore, Garden City, N. Y., and Maurice Brandt, New York City, for Village of Cedarhurst, Trustees and Village Counsel.

E. A. Swartz, Floral Park, N. Y., for defendants, as individuals.

Frank J. Parker, U. S. Atty., Brooklyn, N. Y., by George Taylor, Brooklyn, N. Y., for Civil Aeronautics Board and Administrator of Civil Aeronautics, intervening plaintiffs.

RAYFIEL, District Judge.

This is a motion for a preliminary injunction restraining, pendente lite, the enforcement of an ordinance adopted by the Village of Cedarhurst on March 31, 1952, prohibiting, inter alia, the flight of aircraft over that village at an altitude of less than 1000 feet. The action is for a declaratory judgment to the effect that the said ordinance is unconstitutional and invalid.

The parties plaintiff consist of the following: —...

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