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ALL AMERICAN AIRWAYS v. VILLAGE OF CEDARHURST

Civ. A. 12680.

111 F.Supp. 677 (1953)

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

United States District Court E. D. New York.

April 10, 1953.

Attorney(s) appearing for the Case

Frank J. Parker, U. S. Atty. for the Eastern District of New York, by Gerard E. Molony, Asst. U. S. Atty., Brooklyn, N. Y., James E. Kilday, Special Asst. to the Atty. Gen., Emory T. Nunneley, Jr., General Counsel Civil Aeronautics Board, Washington, D. C., Stephen F. Dunn, General Counsel U. S. Department of Commerce, Washington, D. C., Robert P. Boyle, Acting General Counsel Civil Aeronautics Administration, Oklahoma City, Okl., for the intervenors.

Emerson A. Swartz, Garden City, N. Y. (James G. Moore, Garden City, N. Y., of counsel), for defendants in their Individual Capacities, Ernest E. Eldred, David H. Weyant, Jr., Kenneth C. Newman, Charles E. Lapp, Jr., Ralph Wendel and Maurice Brandt.

BYERS, District Judge.

This is a motion by the Civil Aeronautics Board and the Administrator of Civil Aeronautics, intervenors, to dismiss the counterclaim contained in the answer of the individual defendants filed August 28, 1952 (paragraphs 19 to 30, inc.) on the alleged ground that the court lacks jurisdiction over the subject matter and over the intervenors "which are agencies of the United States within the definition of 28 U.S.C. 451 acting in their governmental...

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