WITTENBERG v. EASTERN AIR LINES

Civ. A. No. 4290.

126 F.Supp. 459 (1954)

Philip WITTENBERG, Plaintiff, v. EASTERN AIR LINES, Inc., Defendant.

United States District Court E. D. South Carolina, Columbia Division.

December 7, 1954.


Attorney(s) appearing for the Case

Philip Wittenberg, Columbia, S. C., for plaintiff.

Robinson, Robinson & Dreher, R. Hoke Robinson, Columbia, S. C., for defendant.


WYCHE, District Judge.

This matter is before me upon the motion of the defendant air line for summary judgment pursuant to Rule 56, Fed. Rules Civ.Proc., 28 U.S.C.A., on the ground that there is no genuine issue as to any material fact and defendant is entitled to judgment as a matter of law. The motion is based on the pleadings, the deposition of the plaintiff, the plaintiff's ticket, Rule 11 of the defendant's Passenger Rules Tariff, and an affidavit setting out...

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