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DUTCHESS COUNTY AVIATION v. ADMINISTRATOR OF FED. AV. AG.

251 F.Supp. 426 (1966)

DUTCHESS COUNTY AVIATION, INC., Plaintiff, v. ADMINISTRATOR OF the FEDERAL AVIATION AGENCY and the County of Dutchess (State of New York), Defendants.

United States District Court S. D. New York.

March 9, 1966.

Attorney(s) appearing for the Case

Nathaniel Rubin, Poughkeepsie, N. Y., and Hill, Betts, Yamaoka, Freehill & Longcope, New York City, for plaintiff; Robert Beshar, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty., Southern Dist. of New York, for defendant Federal Aviation Agency; Edward L. Smith, Asst. U. S. Atty., of counsel.

George E. Whalen, Poughkeepsie, N. Y., for defendant Dutchess County.

METZNER, District Judge.

Defendant, the Administrator of the Federal Aviation Agency (FAA), has moved pursuant to Fed.R.Civ.P. 12 and 56 for an order dismissing the complaint for lack of jurisdiction, or in the alternative for summary judgment.

The plaintiff manages the Dutchess County Airport under contract from the defendant county. The contract provides, in part, that the plaintiff has the exclusive right to...

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