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COSTELLO v. PAN AMERICAN WORLD AIRWAYS, INC.

No. 63 Civ. 2845.

295 F.Supp. 1384 (1969)

John COSTELLO, as Trustee of the Estate of Transocean Air Lines, a corporation (Bankrupt); John M. England, as Trustee of the Estate of Transocean Corporation of California (Bankrupt); and Orvis M. Nelson, Plaintiffs, v. PAN AMERICAN WORLD AIRWAYS, INC.; Continental Airlines, Inc.; The Boeing Company; and Aviation Financial Services, Inc., Defendants.

United States District Court S. D. New York.

February 11, 1969.

Attorney(s) appearing for the Case

Joseph L. Alioto, San Francisco, Cal., for plaintiffs; by Maxwell M. Blecher, and Harold R. Collins, Jr., San Francisco, Cal., and James V. Joy, Jr., New York City, of counsel.

Cleary, Gottlieb, Steen & Hamilton, New York City, for defendant Pan American World Airways, Inc.; by Fowler Hamilton, James C. Blair, Kirt F. Zeigler, Paul N. Roth, New York City, of counsel.

Davis, Polk & Wardwell, New York City, for defendant Boeing Co.; by Henry L. King and Thomas Griesa, New York City, Holman, Perkins, Coie, Stone & Olsen, Seattle, Wash., by J. Paul Coie, Phillip Gladfelter, and Richard E. Williams, Seattle, Wash., of counsel.

Paul, Weiss, Goldberg, Rifkind, Wharton & Garrison, New York City, for defendant Continental Airlines, Inc.; by Bernard Ouziel, New York City, and Cooper, White & Cooper, San Francisco, Cal., by Charles W. Kenady and R. Barry Churton, San Francisco, Cal., of counsel.

OPINION

POLLACK, District Judge.

This is a plenary suit instituted by bankruptcy trustees and a principal stockholder and former officer of the bankrupts to recover damages for alleged antitrust and common law violations. The case was assigned to me for all purposes under Rule 2 of the General Rules of the United States District Court for the Southern District of New York. The action was commenced on September 30, 1963 and is at issue. There have been extensive...

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