ALLEGHENY AIRLINES, Inc., et al., Plaintiffs-Appellees,
Civil Aeronautics Board and Administrator of Civil Aeronautics, Intervenors-Appellees,
v.
VILLAGE OF CEDARHURST et al., Defendants-Appellants.
United States Court of Appeals Second Circuit.https://leagle.com/images/logo.png
Argued October 9, 1956.
Decided December 13, 1956.
Attorney(s) appearing for the Case
James G. Moore, Garden City, and Maurice Brandt, Cedarhurst, N. Y., for defendant Village and its officials.
Emerson A. Swartz, Garden City, N. Y., for individual defendants, for appellants.
Fowler Hamilton, New York City, Watt H. Denison, Jr., and Andre W. G. Newburg, New York City, on the brief, for plaintiff Airlines, appellees.
Franklin M. Stone, Gen. Counsel, John H. Wanner, Associate Gen. Counsel, O. D. Ozment, Chief, Litigation and Research Division, Robert L. Park and Gerald F. Krassa, Attorneys, Civil Aeronautics Board, Washington, D. C., Victor R. Hansen, Asst. Atty. Gen., Leonard P. Moore, U. S. Atty., Brooklyn, N. Y., Daniel M. Friedman, Atty., Department of Justice, Washington, D. C., and Gerald F. White, Chief, Enforcement and Litigation Division, Elizabeth City, N. C., and Robert P. Boyle, Gen. Counsel, Civil Aeronautics Administration, Washington, D. C., for Civil Aeronautics Board and Administrator of Civil Aeronautics, intervenors-appellees.
Sidney Goldstein, New York City, Daniel B. Goldberg, Nathaniel Fensterstock and Joseph Lesser, New York City, on the brief, for The Port of New York Authority, plaintiff-appellee.
Samuel J. Cohen, New York City, Samuel J. Cohen and Henry Weiss, New York City, of counsel, for Air Line Pilots Ass'n International et al., plaintiffs-appellees.
Before CLARK, Chief Judge, and HAND and SWAN, Circuit Judges.
United States Court of Appeals Second Circuit.
SWAN, Circuit Judge.
This appeal involves the constitutionality of an ordinance of the Village of Cedarhurst prohibiting air flights over the village at less than 1,000 feet above the ground. The plaintiffs are airline companies which use the New York International Airport, known also as "Idlewild," the Port of New York Authority, which operates the airport under a long term lease from the City of New York, the Air Line Pilots Association International, and individual...
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