UNITED STATES v. CITY OF MONTGOMERY

Civ. A. No. 1740-N.

201 F.Supp. 590 (1962)

The UNITED STATES of America, Plaintiff, v. CITY OF MONTGOMERY; Board of Commissioners of the City of Montgomery; Earl D. James, Frank B. Parks and L. B. Sullivan, Members of the Board of Commissioners; and Ranch Enterprises, Inc., Defendants.

United States District Court M. D. Alabama, N. D.

January 2, 1962.


Attorney(s) appearing for the Case

Burke Marshall, Asst. Atty. Gen., St. John Barrett, John L. Murphy, J. Harold Flannery, Attys., Dept. of Justice, Washington, D. C., and Hartwell Davis, U. S. Atty., Montgomery, Ala., for plaintiff.

Whitesell & DeMent, Montgomery, Ala., for defendants.


JOHNSON, District Judge.

The United States of America, as authorized by Title 49 U.S.C.A. § 1487, brings this action seeking to have this Court restrain the defendants from violations of Title 49 U.S.C.A. § 1374(b) and to remove and prevent an unlawful and unconstitutional burden upon and interference with interstate and foreign commerce. The suit is directed toward the maintenance and operation of Dannelly Field, a public airport, and the airport facilities...

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