HERRIGES v. UNITED STATES

No. 2926.

314 F.Supp. 1352 (1970)

Patrick N. HERRIGES and Charles R. Hall, Plaintiffs, v. UNITED STATES of America, the Department of Transportation, its Agents, the Federal Aviation Administration and E. G. Fairbank, Acting Chief, Great Falls Air Route Traffic Control Center, Defendants.

United States District Court, D. Montana, Great Falls Division.

July 2, 1970.


Attorney(s) appearing for the Case

Dzivi, Conklin & Johnson, Great Falls, Mont., for plaintiffs.

Otis L. Packwood, U. S. Atty., D. Montana, Billings, Mont., William A. Brolin, Asst. U. S. Atty., Butte, Mont., for defendants.


OPINION AND ORDER

RUSSELL E. SMITH, Chief Judge.

It is judicially noted that in late March and early April, 1970, the United States was injured because of a partial paralyzation of its air transportation system. The cause of the injury was the failure on the part of many air traffic controllers to report for duty. Petitioners, two of those controllers who failed to report for work, were discharged for, among other things, failing to report.

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