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AMERICAN AIRLINES, INC. v. TOWN OF HEMPSTEAD

No. 63 Civ. 1280.

272 F.Supp. 226 (1967)

AMERICAN AIRLINES, INC., et al., the Port of New York Authority, and Charles H. Ruby et al., Plaintiffs, and the Administrator of the Federal Aviation Agency, Intervenor, v. TOWN OF HEMPSTEAD et al., Defendants.

United States District Court E. D. New York.

June 30, 1967.

Attorney(s) appearing for the Case

Cleary, Gottlieb, Steen & Hamilton, New York City, for plaintiffs American Airlines, Inc., et al., Fowler Hamilton, Lyman M. Tondel, Jr., George Weisz, Robert A. Fineman, New York City, of counsel.

Sidney Goldstein, New York City, for plaintiff Port of New York Authority, Daniel B. Goldberg, Joseph Lesser, Isobel E. Muirhead, New York City, of counsel.

Cohen & Weiss, New York City, for plaintiffs Charles H. Ruby et al., Samuel J. Cohen, Bruce H. Simon, New York City, of counsel.

John F. Wolf, Civil Division, Department of Justice (Joseph P. Hoey, U. S. Atty., Carl Golden, Asst. U. S. Atty., Nathaniel H. Goodrich, General Counsel, Federal Aviation Agency, Martin J. White, Regional Counsel, Federal Aviation Agency, and Frank Granito, Federal Aviation Agency, of counsel), for Administrator of Federal Aviation Agency, intervenor.

Richard P. Charles and John Hewitt Owen, Brooklyn, for defendants.

DOOLING, District Judge.

Nine major American-flag air carriers, the Port of New York Authority, Charles H. Ruby as president of the Air Line Pilots Association, three air line pilots, individually and as representatives of their class, and the Administrator of the Federal Aviation Agency (as intervenor) have sued to enjoin the enforcement against them of the Town of Hempstead Unnecessary Noise Ordinance (No. 25), Article II, as amended March 10, 1964, so far as it...

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