SCANWELL LABORATORIES, INC. v. SHAFFER

No. 22863.

424 F.2d 859 (1970)

SCANWELL LABORATORIES, INC., Appellant, v. John H. SHAFFER, Administrator (Acting) of The Federal Aviation Administration, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided February 13, 1970.

Petition for Rehearing Denied May 7, 1970.


Attorney(s) appearing for the Case

Mr. John M. Calimafde, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Messrs. Paul H. Blaustein, New York City, and James W. Dent, Washington, D. C., were on the brief, for appellant.

Mr. Michael C. Farrar, Atty., Dept. of Justice, with whom Messrs. Thomas A. Flannery, U. S. Atty., and Alan S. Rosenthal, Atty., Dept. of Justice, were on the brief, for government appellees. Mr. David G. Bress, U. S. Atty., at the time the record was filed, and Mrs. Ellen Lee Park, Asst. U. S. Atty., also entered appearances for government appellees.

Mr. David V. Anthony, Washington, D. C., for appellee, Cutler-Hammer, Inc.

Before BAZELON, Chief Judge, and TAMM and MacKINNON, Circuit Judges.


TAMM, Circuit Judge:

This is an appeal from an order entered in the district court dismissing the appellant's complaint for lack of jurisdiction. The district court was mislead by precepts which on careful examination are more rhetorical than guiding. The suit was dismissed on the ground that plaintiff lacked standing to sue; this appeal raises important questions concerning that concept.

The transaction involved resulted from the issuance by the Federal Aviation...

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