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GRAY LINE MOTOR TOURS, INC. v. CITY OF NEW ORLEANS

No. 73-3791.

498 F.2d 293 (1974)

GRAY LINE MOTOR TOURS, INC., and Toye Bros. Airport Service, Inc., Plaintiffs-Appellants, v. CITY OF NEW ORLEANS et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 5, 1974.

Attorney(s) appearing for the Case

Ralph L. Kaskell, Jr., Eberhard P. Deutsch, Charles F. Seemann, Jr., Frederick B. Alexius, New Orleans, La., for plaintiffs-appellants.

Maury A. Herman, Russ M. Herman, New Orleans, La., Blake Arata, City Atty., New Orleans, La., for City of New Orleans.

Benjamin J. Trombatore, H. A. Vondenstein, Kenner, La., for City of Kenner and Officials.

Herbert W. Christenberry, Jr., New Orleans, La., for defendants-appellees.

Before GOLDBERG, SIMPSON and MORGAN, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge.

Plaintiff-appellant, Toye Brothers, for over 30 years was the exclusive local ground carrier of air passengers at the New Orleans International Airport by virtue of a franchise agreement requiring payment of 10% of the gross revenues, with a minimum guarantee. There was no competitive bidding involved in Toye Brothers obtaining this original franchise. In 1972, when Toye Brothers' franchise contract expired, the New Orleans Aviation...

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