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NORTHEAST AIRLINES, INC. v. WEISS

No. 59-110.

113 So.2d 884 (1959)

NORTHEAST AIRLINES, INC., Appellant, v. Walter WEISS, as Chairman, and Charles F. Hall, Ralph A. Fossey, Edwin L. Mason, John B. McLeod, Faris N. Cowart, Robert M. Haverfield, Ben McGahey, Joseph A. Boyd, Jr., Alexander S. Gordon and Arthur H. Patten, as members of the Dade County Commission Acting as the Dade County Port Authority, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied August 19, 1959.

Attorney(s) appearing for the Case

Walton, Lantaff, Schroeder, Atkins, Carson & Wahl, Miami, for appellant.

James F. Eckhart and Clifford J. Schott, Miami, for Dade County Port Authority, appellee.

CARROLL, CHAS, Judge.

This is an appeal from an interlocutory order entered by the circuit court in Dade County on defendants' motion to dismiss an amended complaint for declaratory decree, injunction and damages.

Appellant, the plaintiff below, is a common carrier (by air) engaged in interstate commerce, and using the airport facilities of the Dade County Port Authority. It sued the Port Authority, alleging that...

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