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CITY MESSENGER SERVICE v. CAPITOL RECORDS DISTRIBUTING CORP.

Civ. A. No. 6659.

32 Ohio Misc. 225 (1970)

CITY MESSENGER SERVICE OF HOLLYWOOD, INC., D. B. A. CITY MESSENGER AIR EXPRESS v. CAPITOL RECORDS DISTRIBUTING CORP.

United States District Court, Southern District of Ohio, Western Division.

Decided October 29, 1970.

Attorney(s) appearing for the Case

Messrs. Goldman, Cole & Putnick and Mr. Otto F. Putnick, for plaintiff.

Messrs. Paxton & Seasongood, Mr. Thomas B. Brush and Mr. Charles Wm. Anness, for defendant.

HOGAN, District Judge.

The plaintiff, at the times of interest in this case, was an "air carrier" as that term is used in Ch. 20 of 49 U. S. Code. As such, it had filed with the "Board" tariffs applicable to various of its carriages. Having done so, it was subject to 49 U. S. Code, Section 1373 and specifically (b) of that section, which provides;

"No air carrier shall charge or demand or collect or receive a...

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