FITZGERALD v. PAN AMERICAN WORLD AIRWAYS

No. 234, Docket 23850.

229 F.2d 499 (1956)

Ella FITZGERALD, John Lewis, Georgiana Henry and Norman Granz, Appellants, v. PAN AMERICAN WORLD AIRWAYS, Inc., Appellee.

United States Court of Appeals Second Circuit.

Decided January 26, 1956.


Attorney(s) appearing for the Case

Bergerman & Hourwich, New York City (Joseph Calderon, New York City, of counsel), for appellants.

Haight, Gardner, Poor & Havens, New York City (Douglas B. Bowring, New York City, of counsel), for appellee.

Before CLARK, Chief Judge, and FRANK and LUMBARD, Circuit Judges.


FRANK, Circuit Judge.

Section 622(a) makes it a federal crime to violate, inter alia, Section 484(b). The latter section is for the benefit of persons, including passengers, using the facilities of air carriers. Consequently, by implication, its violation creates an actionable civil right for the vindication of which a civil action may be maintained by any such person who has been harmed by the violation. As we said in Reitmeister v. Reitmeister, 2 Cir.,

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