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C. A. B. v. ALITALIA-LINEE AEREE ITALIANE, S.p.A.

No. 71-C-772.

328 F.Supp. 759 (1971)

CIVIL AERONAUTICS BOARD, Plaintiff, v. ALITALIA-LINEE AEREE ITALIANE, S.p.A., Defendant.

United States District Court, E. D. New York.

June 25, 1971.

Attorney(s) appearing for the Case

Edward R. Neaher, U. S. Atty., E.D. N.Y., Brooklyn, N. Y., by James D. Porter, Jr., Asst. U. S. Atty., Chief, Civil Division, and Stephen A. Alterman, Enforcement Attorney, Civil Aeronautics Board, for plaintiff.

Glassie, Pewett, Beebe & Shanks, by Allan I. Mendelsohn, Washington, D. C., of counsel, for defendant.

MEMORANDUM

JUDD, District Judge

This motion for a preliminary injunction against Alitalia-Linee Aeree Italiane, S.p.A. selling round-trip tickets to Rome at reduced youth rates, before filed tariffs have become effective, presents three basic questions: (1) Does the direction of the Italian Ministry of Transportation and Civil Aviation immunize Alitalia, a foreign air carrier, from following the requirements of federal statutes? 49 U.S.C. § 1373. (2...

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