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HARTKE v. FEDERAL AVIATION ADMINISTRATION

No. 73-C-276.

369 F.Supp. 741 (1973)

Vance HARTKE, a United States Senator, Plaintiff, v. The FEDERAL AVIATION ADMINISTRATION et al., Defendants.

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

November 2, 1973.

Attorney(s) appearing for the Case

Charney & White, New York City, by Leon H. Charney, New York City, Perry C. Burkett, Brooklyn, of counsel, for plaintiff.

Robert A. Morse, U. S. Atty., E.D.N. Y., by Constance M. Vecellio, Asst. U. S. Atty., of counsel, for defendants.

MEMORANDUM AND ORDER

JUDD, District Judge.

The case is before the court on defendant's motion to dismiss on jurisdictional grounds and for summary judgment and plaintiff's cross motion for summary judgment.

Facts

The plaintiff, a United States Senator from Indiana, brought this action against the Federal Aviation Administration (FAA) and its Administrator, John H. Shaffer, to have declared unconstitutional, as applied to plaintiff...

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