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UNIVERSAL AIRLINE v. EASTERN AIR LINES

No. 10501.

188 F.2d 993 (1951)

UNIVERSAL AIRLINE, Inc. v. EASTERN AIR LINES, Inc.

United States Court of Appeals District of Columbia Circuit.

Decided February 23, 1951.

Attorney(s) appearing for the Case

Sheldon E. Bernstein and Nathan L. Silberberg, Washington, D. C., with whom Daniel J. Anderson, Washington, D. C., was on the brief, for appellant.

Richard W. Galiher, Washington, D. C., for appellee.

Emory T. Nunneley, Jr., General Counsel, Civil Aeronautics Board, John H. Wanner, Associate General Counsel, Civil Aeronautics Board, and O. D. Ozment, Attorney, Civil Aeronautics Board, all of Washington, D. C., filed a brief on behalf of the Civil Aeronautics Board as amicus curiae, urging reversal.

Before WILBUR K. MILLER and WASHINGTON, Circuit Judges, and ROBERT N. WILKIN, District Judge (retired) sitting by designation.

WILKIN, District Judge.

This is an appeal from an order of the United States District Court for the District of Columbia which dismissed plaintiff's second cause of action, and from a judgment entered on a verdict in favor of defendant on its counterclaim. The court dismissed plaintiff's second cause of action based on alleged statements of defendant for the reason that it was barred by the statute of limitations of the District of Columbia Code. The case then proceeded...

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