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TRANS WORLD AIRLINES v. CITY & COUNTY OF SAN FRANCISCO

No. 14523.

228 F.2d 473 (1955)

TRANS WORLD AIRLINES, Inc., a corporation, Appellant, v. CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation, Phillip S. Landis, Sam McKee, Victor S. Swanson, Edward B. Baron and Donald A. Cameron, as members of the Public Utilities Commission of the City and County of San Francisco, G. M. Dixon, as Manager and Chief Engineer of the San Francisco Airport, and J. M. Turner, Manager of Utilities for the Public Utilities Commission of the City and County of San Francisco, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied January 31, 1956.

Attorney(s) appearing for the Case

Pillsbury, Madison & Sutro, Eugene Prince, Noel Dyer, San Francisco, Cal., Wright, Wright, Green and Wright, Loyd Wright, Charles A. Loring, Los Angeles, Cal., for appellant.

Dion R. Holm, City Atty., Frank J. Needles, Deputy City Atty., Thomas M. O'Connor, Public Utilities Counsel, City and County of San Francisco, San Francisco, Cal., for appellees.

Before STEPHENS, ORR and POPE, Circuit Judges.

ORR, Circuit Judge.

We have for determination the interesting question of whether or not the City and County of San Francisco, having contracted through its duly authorized officials to permit Trans World Airlines, Inc., to use "common use facilities" at the San Francisco International Airport, situate in San Mateo County, at fixed rates for a term of years, may thereafter, through its duly constituted Public Service Commission, change the contract rates.

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