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AIRCRAFT OWNERS & PILOTS ASS'N v. PORT AUTHORITY OF N. Y.

No. 68 C 775.

305 F.Supp. 93 (1969)

AIRCRAFT OWNERS AND PILOTS ASSOCIATION and Max Karant, Frank K. Smith, and William D. Strohmeier on behalf of themselves and all others similarly situated, Plaintiffs, v. PORT AUTHORITY OF NEW YORK, a Municipal Body, et al., Defendants.

United States District Court E. D. New York.

September 9, 1969.

Attorney(s) appearing for the Case

Joseph Lesser, New York City (Sidney Goldstein, Isobel E. Muirhead, Arthur P. Berg, and Herbert Ouida, New York City, of counsel), for Port of New York Authority, and another, for the motion.

Judah I. Labovitz, Philadelphia, Pa. (Laurence Rosenthal, Strasser, Spiegelberg, Fried & Frank, New York City, and Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., of counsel), for plaintiffs opposed.

Howard G. Law, Jr., New York City, for Lawyer Pilots Bar Association, amicus curiae.

MEMORANDUM and ORDER

DOOLING, District Judge.

The plaintiff association of aircraft owners and pilots and sixteen individual pilots and owners as plaintiffs and intervenors have sued to enjoin the further enforcement by the defendant Port of New York Authority of a "take-off" fee of twenty-five dollars exacted from each aircraft landing or taking off from the three major New York area airports during certain peak traffic hours. The twenty-five dollar fee...

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