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NORTHEAST AIRLINES, INC. v. AERONAUTICS COMM'N.

No. 6086.

111 N.H. 5 (1971)

NORTHEAST AIRLINES, INC. & a. v. NEW HAMPSHIRE AERONAUTICS COMMISSION & a.

Supreme Court of New Hampshire.

January 29, 1971.

Attorney(s) appearing for the Case

Devine, Millimet, McDonough, Stahl & Branch (Mr. Joseph A. Millimet orally), for the plaintiffs.

Warren B. Rudman, Attorney General and W. Michael Dunn, Assistant Attorney General (Mr. Dunn orally), for the defendants.

DUNCAN, J.

By petition for declaratory judgment, the plaintiff airlines question the constitutionality of RSA 422:43 (supp.), imposing upon them, as common carriers of passengers for hire by aircraft on regular schedules, a service fee of one dollar for each passenger emplaning upon their aircraft at publicly operated landing areas in this State. For the three-year period presently involved, the fees charged to the plaintiff Northeast Airlines, Inc. have averaged...

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