APGAR TRAVEL AGENCY v. INTERNATIONAL AIR TRANS. ASS'N


107 F.Supp. 706 (1952)

APGAR TRAVEL AGENCY, Inc. v. INTERNATIONAL AIR TRANSPORT ASS'N et al.

United States District Court S. D. New York.

October 2, 1952.


Attorney(s) appearing for the Case

Marshall Perlin, New York City, for plaintiff.

Debevoise, Plimpton & McLean, New York City (Samuel E. Gates, New York City, Donald W. Markham, Washington, D. C., Robert von Mehren, New York City, of counsel), for defendants Air Transport Assn. of America.

Henry J. Friendly, New York City (John C. Pirie, New York City, of counsel), for defendants Pan American World Airways, Inc.

McGoldrick, Will, Dannett & Burke, New York City (Joseph D. McGoldrick, Emanuel Dannett, New York City, of counsel), for defendant Delta Air Lines, Inc.

Harold L. Russell, Atlanta, Ga. (Gambrell, Harlan, Barwick, Russell & Smith, Atlanta, Ga., of counsel), for defendant Eastern Air Lines, Inc.

Condon & Forsyth, New York City (Cyril Hyde Condon, John H. Montgomery, Jr., New York City, of counsel), for defendant British Overseas Airways Corp.


EDELSTEIN, District Judge.

This is a motion to dismiss the amended complaint in an action for injunctive relief and treble damages under the anti-trust laws. Plaintiff is an independent ticket agency serving, among others, non-scheduled (or irregular) air carriers. Defendants are four scheduled air carriers,1 two trade associations of companies engaged in scheduled air transportation,

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