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ALL AMERICAN AIRWAYS v. ELDERD

No. 124, Docket 22889.

209 F.2d 247 (1954)

ALL AMERICAN AIRWAYS, Inc., et al. v. ELDERD, Mayor, et al.

United States Court of Appeals Second Circuit.

Decided January 4, 1954.

Attorney(s) appearing for the Case

Emerson A. Swartz, Garden City, N. Y. (James G. Moore, Garden City, N. Y., on the brief), for defendants-appellants.

Fowler Hamilton, New York City (Lyman M. Tondel, Jr., and Watt H. Denison, Jr., New York City, on the brief), for plaintiffs-appellees All American Airways, Inc., and others.

Daniel B. Goldberg, New York City (Sidney Goldstein, Nathaniel Fensterstock, Joseph Lesser, and Ralph W. Felsten, New York City, on the brief), for plaintiff-appellee The Port of New York Authority.

Before CLARK, FRANK, and HINCKS, Circuit Judges.

CLARK, Circuit Judge.

This is another round in the controversy between ten major commercial lines, the Port of New York Authority and others, and the Village and officials of Cedarhurst as to the legality of low flying from the near-by New York International Airport at Idlewild Field. In the original action the plaintiffs sought to have declared illegal and enjoined a village ordinance prohibiting low flying over the village, naming the village itself and its mayor...

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