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TRANSCONTINENTAL & WESTERN AIR v. FARLEY

No. 427.

71 F.2d 288 (1934)

TRANSCONTINENTAL & WESTERN AIR, Inc., v. FARLEY, Postmaster General, et al.

Circuit Court of Appeals, Second Circuit.

June 11, 1934.

Attorney(s) appearing for the Case

John Thomas Smith, of New York City (David Scher, of New York City, of counsel), for appellant.

Martin Conboy, U. S. Atty., of New York City (Martin Conboy, Frank Chambers, and Edward J. Ennis, Asst. U. S. Attys., all of New York City, of counsel), for appellee John J. Kiely.

Shearman & Sterling and Donovan, Leisure, Newton & Lumbard, all of New York City (William J. Donovan, Frederick W. Jackson, and Carl Elbridge Newton, all of New York City, of counsel), for Boering Air Transport, Inc., National Air Transport, Inc., Pacific Air Transport, and Varney Air Lines, Inc.

Before MANTON, SWAN, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

Appellant was organized July 21, 1930, and assumed on October 23, 1930, with the approval of the Post Office Department, an air mail contract of October 1, 1930, granted to Western Air Express, Inc., and Transcontinental Air Transport, Inc. It surrendered its contract January 30, 1933, pursuant to an act of Congress, receiving in return a route certificate whereby it was granted the right, for a period ending April 5, 1936, to carry government...

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