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EASTERN AIR LINES v. UNION TRUST COMPANY

Nos. 11991, 11992, 12017, 12018.

221 F.2d 62 (1955)

EASTERN AIR LINES, Inc., Appellant, v. UNION TRUST COMPANY et al., Appellees. UNITED STATES of America, Appellant, v. UNION TRUST COMPANY et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided February 8, 1955.

Petition for Rehearing Denied in all Cases on April 15, 1955.

Petition for Rehearing Denied by the Division which Heard the Case on May 4, 1955.

Petition for Rehearing Denied by the Division which Heard the Cases on May 11, 1955.

As Amended June 24, 1955.

Attorney(s) appearing for the Case

Mr. Joseph W. Henderson, Philadelphia, Pa., with whom Mr. Richard W. Galiher, Washington, D. C., and Mr. John M. Aherne, of the bar of the Supreme Court of New York, were on the brief, for appellant in Nos. 11,991 and 11,992.

Mr. Lester S. Jayson, Atty., Dept. of Justice, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of Court, with whom Messrs. Leo A. Rover, U. S. Atty., Paul A. Sweeney, Atty., Dept. of Justice and D. G. Galotta, Atty., Civil Aeronautics Administration, were on the brief, for appellants in Nos. 12,017 and 12,018. Mr. Lewis A. Carroll, Asst. U. S. Atty., entered an appearance for appellants in Nos. 12,017 and 12,018.

Mr. David G. Bress, with whom Messrs. Sheldon E. Bernstein, Alvin L. Newmyer and Jo V. Morgan, Jr., Washington, D. C., were on the brief, for appellees in all cases.

Before EDGERTON, WILBUR K. MILLER and FAHY, Circuit Judges.

Petition for Rehearing In Banc Denied in all Cases on April 15, 1955.

Petition for Rehearing Denied by the Division which Heard the Case in Nos. 11991-2 on May 4, 1955.

Petition for Rehearing Denied by the Division which Heard the Cases in Nos. 12017-8 on May 11, 1955.

WILBUR K. MILLER, Circuit Judge.

On the morning of November 1, 1949, an Eastern Air Lines DC-4 plane was flying from New York to Washington, carrying fifty-one passengers and...

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