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UNITED STATES v. HAYES

No. 130, Docket 25250.

264 F.2d 929 (1959)

UNITED STATES of America, Libellant-Appellee, v. Allen W. HAYES, Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided March 20, 1959.

Attorney(s) appearing for the Case

Kenneth P. Ray, Asst. U. S. Atty., Syracuse, N. Y. (Theodore F. Bowes, U. S. Atty., and Charles J. Miller, Asst. U. S. Atty., Syracuse, N. Y., on the brief), for libellant-appellee.

Merrill Armour, Washington, D. C. (Armour, Herrick, Kneipple & Allen, Washington, D. C., on the brief), for respondent-appellant.

Before MEDINA, LUMBARD and WATERMAN, Circuit Judges.

PER CURIAM.

The United States instituted a libel to recover a civil penalty as provided by 49 U.S.C.A. § 621, repealed August 23, 1958, 72 Stat. 806. The libel charged Allen W. Hayes with violating Airworthiness Directive 57-13-8 and Section 43.20 of the Civil Air Regulations, in a flight made September 27, 1957. This directive required the installation of a device that will prevent landing gear retraction when the aircraft is on the ground. Hayes admits violating...

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