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BULLOCK v. CAPITOL AIRWAYS, INC.

Civ. No. 19305.

176 F.Supp. 449 (1959)

Edward BULLOCK, individually and as President of the Flight Engineers International Association, CAW Chapter, AFL-CIO, an unincorporated association and Alfred Stelzer, Plaintiffs, v. CAPITOL AIRWAYS, INC., Defendant.

United States District Court E. D. New York.

September 9, 1959.

Attorney(s) appearing for the Case

Walter M. Colleran, New York City, for plaintiffs.

Harwood, Breedlove & Mittwede, Nashville, Tenn., for defendant. Judson Harwood, Nashville, Tenn., and George Berkowitz, New York City, of counsel.

ZAVATT, District Judge.

The sole question presented by the defendant's motion for summary judgment is whether, as a matter of law, the defendant is not a "common carrier" within the meaning of section 181, Title 45 U.S.C.A., extending the provisions of the Railway Labor Act to:

"* * * every common carrier by air engaged in interstate or foreign commerce, and every carrier by air transporting mail for or under contract with the United States Government, and...

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