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BRANIFF AIRWAYS v. FALKINGHAM

Civ. No. 2880.

143 F.Supp. 935 (1956)

BRANIFF AIRWAYS, INCORPORATED, a corporation, Plaintiff, v. William FALKINGHAM and Minneapolis-Saint Paul Metropolitan Airports Commission, a corporation, Defendants.

United States District Court D. Minnesota, Third Division.

September 1, 1956.

Attorney(s) appearing for the Case

Carl W. Cummins, Jr., of Cummins, Cummins, Hammond & Ames, St. Paul, Minn., for plaintiff.

Paul J. McGough and Wright W. Brooks, Faegre & Benson, Minneapolis, Minn., for defendant Airport Commission.

DONOVAN, District Judge.

Summary judgment is moved for by the defendant Commission. The motion is directed at the complaint.1 No answer has been made. No supporting affidavits are filed.

Urging lack of jurisdiction over the subject matter of the action and failure of the complaint to state a claim, movant argues that the motion for judgment is based not so much on the immunity of the...

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