MEMORANDUM
NEWCOMER, District Judge.
The parties to this action have filed cross-motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. The material facts, although not in stipulated form, are established beyond reasonable controversy by affidavits, depositions and the pleadings themselves.
The relevant facts are as follows:
It became evident in January of 1970 that Trans-Michigan Airlines (hereinafter referred...
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