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CITY OF NEWARK, NEW JERSEY v. EASTERN AIRLINES

Civ. A. No. 645-54.

159 F.Supp. 750 (1958)

CITY OF NEWARK, NEW JERSEY, City of Elizabeth, New Jersey and City of Linden, New Jersey; and the Townships of Hillside, New Jersey and Union, New Jersey, all municipal corporations of the State of New Jersey; Anna Biondi, George W. Reigle, William Panitch, Irving S. Jay, Joseph Spielvogel, Lawrence G. Beisler, and Newark Airport Mayors' Committee, Inc., a corporation of New Jersey, Plaintiffs, v. EASTERN AIRLINES, Inc., American Airlines, Inc., Allegheny Airlines, Inc., Mohawk Airlines, Inc., National Airlines, Trans World Airlines, Inc., United Airlines, Inc., the Port of New York Authority, the United States of America, and the Civil Aeronautics Authority, Defendants.

United States District Court D. New Jersey.

February 27, 1958.

Attorney(s) appearing for the Case

Van Riper & Belmont, Newark, N. J., by Walter D. Van Riper, Newark N. J., and Richard F. Green, Elizabeth, N. J., for plaintiffs.

Stryker, Tams & Horner, Newark, N. J., by Josiah Stryker, Newark, N. J., for defendant Airlines.

Robert Stern, Chicago, Ill., for United Airlines.

Samuel E. Gates, New York City, and Wm. H. Hagendorn, Brooklyn, N. Y., for American Airlines.

Henry P. Bevans, New York City, for Trans World Airlines.

Russell E. Watson, New Brunswick, N. Y., for Port of N. Y. Authority.

Pitney, Hardin & Ward, Newark, N. J., by Donald B. Kipp, Newark, N. J., for Chamber of Commerce of City of Newark, N. J.

WILLIAM F. SMITH, District Judge.

This is a civil action in which the plaintiffs: the Cities of Newark, Elizabeth and Linden, and the Townships of Hillside and Union, and six individuals, seek to enjoin: first, "the airborne operations of (the named) airlines to and from Newark Airport to the extent that the same constitutes a public and/or a private nuisance," and second, to enjoin "the continued airborne operations of said airlines to and from Newark Airport to...

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