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HUTCHESON v. O'CARROLL

No. 12078.

251 F.2d 144 (1958)

Fritz HUTCHESON, Plaintiff-Appellant, v. Pierce O'CARROLL and Monarch Air Service, Inc., Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

January 24, 1958.

Attorney(s) appearing for the Case

Alfred M. Walter, Chicago, Ill., Michael F. Mulcahy, Chicago, Ill., of counsel for appellant.

Herman L. Taylor, Richard E. Mueller, Cyrus Mead, III, Gordon R. Close, counsel, for appellant.

Before MAJOR, FINNEGAN and PARKINSON, Circuit Judges.

PARKINSON, Circuit Judge.

This is an action in damages for breach of contract. The District Court granted defendants' motion for judgment on the pleadings and dismissed the complaint for the reason that the contract allegedly breached was violative of the Civil Aeronautics Act, Title 49 U.S. C.A. § 489(a) (6). This appeal followed.

The complaint charged in substance that the defendant Pierce O'Carroll offered to sell a Curtiss-Wright C 46 A aircraft to...

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