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CIVIL AERONAUTICS BOARD v. MODERN AIR TRANSPORT

No. 97, Docket 21473.

179 F.2d 622 (1950)

CIVIL AERONAUTICS BOARD et al. v. MODERN AIR TRANSPORT, Inc.

United States Court of Appeals Second Circuit.

Decided January 6, 1950.

Attorney(s) appearing for the Case

Jacob Freed Adelman, of New York City (Morris A. Schoenfeld, of New York City, and Charles S. Rhyne, of Washington, D. C., on the brief), for defendant-appellant.

Robert Burstein, Atty., Civil Aeronautics Board, Washington, D. C. (William J. Hickey and James E. Kilday, Sp. Assts. to Atty. Gen., Gilbert E. Andrews, Atty., Civil Aeronautics Board, Herbert A. Bergson, Asst. Atty. Gen., Oliver Carter, Chief, Office of Enforcement, Civil Aeronautics Board, Dent D. Dalby, Chief, Enforcement & Litigation Div., Civil Aeronautics Administration, Washington, D. C., and Irving H. Saypol, U. S. Atty., and David McKibbin, Asst. U. S. Atty., both of New York City, on the brief), for plaintiffs-appellees.

Before AUGUSTUS N. HAND, CHASE, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

This is an appeal from an order granting the Civil Aeronautics Board a preliminary injunction restraining defendant, Modern Air Transport, Inc., from engaging in air transportation in violation of § 401(a) of the Civil Aeronautics Act of 1938, as amended, 49 U.S.C.A. § 481(a), and from carrying on certain activities as an air carrier without proper authorization by the Board.1 Defendant has been authorized...

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