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BOARD OF COUNTY COM'RS v. AEROLINEAS PERUANASA, S.A.

Nos. 19476, 19632.

307 F.2d 802 (1962)

BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA, acting as the Dade County Port Authority, Appellant, v. AEROLINEAS PERUANASA, S. A., et al., Appellees. AEROLINEAS PERUANASA, S. A., et al., Appellants, v. BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA, acting as the Dade County Port Authority, Appellee. BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA, acting as the Dade County Port Authority, Appellant, v. LINEAS AEREAS DE NICARAGUA, S. A., Appellee. LINEAS AEREAS DE NICARAGUA, S. A., Appellant, v. BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA, acting as the Dade County Port Authority, Appellee.

United States Court of Appeals Fifth Circuit.

August 31, 1962.

Attorney(s) appearing for the Case

Chester Bedell, Jacksonville, Fla., Thomas G. Spicer, Asst. Gen. Counsel, Dade County Port Authority, Paul G. Hyman, Miami, Fla., for appellant.

Philip Schleit, Washington, D. C., J. Leo McShane, Miami, Fla., Davis W. Morton, Jr., Washington, D. C., for appellees.

Jackson L. Peters, Miami, Fla., for British Overseas Airways Corp., British West Indian Airways Ltd., Bahamas Airways Ltd., and KLM Royal Dutch Airlines, amici curiae.

Before TUTTLE, Chief Judge, BELL, Circuit Judge and CARSWELL, District Judge.

GRIFFIN B. BELL, Circuit Judge.

These consolidated appeals are from final decrees of the District Court holding that appellant may not charge the foreign airlines according to its usual schedule of charges for landing and other aviation fees and for fees paid concessionaires by the appellees and in turn paid to appellant, but must give them the benefit of lower charges to which four others are entitled by virtue of contracts. The decrees also awarded judgments for...

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