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HARTMAN v. NORTH CENTRAL AIRLINES

No. 11911.

241 F.2d 859 (1957)

Lloyd W. HARTMAN et al., etc., Plaintiffs-Appellees, v. NORTH CENTRAL AIRLINES, Inc., Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

March 5, 1957.

Attorney(s) appearing for the Case

Jerry P. Belknap, Indianapolis, Ind., Marvin E. Klitsner, Milwaukee, Wis., Joseph E. Rapkin, Milwaukee, Wis., Raymond W. Gray, Jr., Indianapolis, Ind., Fairchild, Foley & Sammond, Milwaukee, Wis., Barnes, Hickam, Pantzer & Boyd, Indianapolis, Ind., of counsel, for appellant.

Albert F. Grisard, Washington, D. C., William H. Krieg, Indianapolis, Ind., Henry C. Ryder, Indianapolis, Ind., Buschmann, Krieg, DeVault & Alexander, Indianapolis, Ind., of counsel, for appellees.

Before DUFFY, Chief Judge, and SWAIM and SCHNACKENBERG, Circuit Judges.

DUFFY, Chief Judge.

This is an action for declaratory judgment. Plaintiffs aver that by reason of certain alleged breaches of contract by defendant, plaintiffs are excused from performance of that contract.

Defendant, hereinafter referred to as North Central or defendant, and Lake Central Airlines, Inc., hereinafter called Lake Central, are local service air carriers subject to regulation by the Civil Aeronautics Board hereinafter called C.A.B. Roscoe, John...

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