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NEW YORK AIRWAYS, INC. v. UNITED STATES

No. 58, Docket 25738.

283 F.2d 496 (1960)

NEW YORK AIRWAYS, INC., Plaintiff-Appellant, v. UNITED STATES of America and The Port of New York Authority, Defendants-Appellees. UNITED STATES of America, Third-Party Plaintiff, v. EASTERN AIRLINES, INC., Third-Party Defendant.

United States Court of Appeals Second Circuit.

Decided November 1, 1960.

Attorney(s) appearing for the Case

Gay & Behrens, New York City (Edward J. Behrens and Charles H. Lawson, New York City, of counsel), for plaintiff-appellant.

George Cochran Doub, Asst. Atty. Gen., Cornelius W. Wickersham, Jr., U. S. Atty., Brooklyn, N. Y., Morton Hollander, Howard E. Shapiro, Attorneys, Department of Justice, Washington, D. C., for defendant-appellee United States of America.

Sidney Goldstein, New York City (Francis X. Curley, New York City, of counsel), for defendant-appellee The Port of New York Authority.

Thomas V. Kingham, New York City (Bernard Meyerson, New York City, of counsel), for third-party appellee Eastern Airlines, Inc.

Before CLARK and FRIENDLY, Circuit Judges, and DIMOCK, District Judge.

DIMOCK, District Judge.

New York Airways, Inc., appeals from a judgment of the United States District Court for the Eastern District of New York dismissing on the merits the suit of New York Airways, Inc., against the United States and the Port of New York Authority. The suit is one to recover damages caused to New York Airways' helicopter when it descended onto an automobile truck while the helicopter was landing at Newark Airport, New Jersey, on October 17, 1953...

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