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BRANIFF AIR., INC. v. MINNEAPOLIS-ST. PAUL MET. AIR. COM'N

No. 3-74-Civil-156.

377 F.Supp. 1190 (1974)

BRANIFF AIRWAYS, INCORPORATED, a Nevada corporation, et al., Plaintiffs, v. MINNEAPOLIS-ST. PAUL METROPOLITAN AIRPORTS COMMISSION, Defendant.

United States District Court, D. Minnesota, Third Division.

July 14, 1974.

Attorney(s) appearing for the Case

Richard E. Kyle, Leonard J. Keyes and Jonathan H. Morgan, St. Paul, Minn., for plaintiffs.

Gordon Shepard and Wayne G. Faris, St. Paul, Minn., for defendant.

MEMORANDUM AND ORDER

DEVITT, Chief Judge.

Plaintiff Airlines move for a temporary injunction against enforcement of defendant Airport Commission's Ordinance # 44, scheduled to become effective July 15, 1974, which seeks to regulate shipments of radioactive materials at defendant's Minneapolis-St. Paul Airport.

Plaintiff's principal contention is that the defendant is without authority to enact such an ordinance because, under the United States Constitution...

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