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CITY MESSENGER SERVICE OF HOLLYWOOD, INC. v. CAPITOL RECORDS DISTRIBUTING CORP.

No. 71-1012.

446 F.2d 6 (1971)

CITY MESSENGER SERVICE OF HOLLYWOOD, INC., dba City Messenger Air Express and/or C.M.A.X., Plaintiffs-Appellants, v. CAPITOL RECORDS DISTRIBUTING CORP., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

August 12, 1971.

Attorney(s) appearing for the Case

Thomas E. Rubbert, Los Angeles, Cal., for plaintiffs-appellants; Goldman, Cole & Putnick, Cincinnati, Ohio, on brief.

Thomas B. Brush, Cincinnati, Ohio, for defendant-appellee; Paxton & Seasongood, Cincinnati, Ohio, on brief.

Before PHILLIPS, Chief Judge, and BROOKS and KENT, Circuit Judges.

PER CURIAM.

This is an appeal from an order of dismissal by the District Court. The facts are sufficiently set forth in the opinion of District Judge Timothy Hogan, 327 F.Supp. 970, S.D.Ohio, 1971. The parties will be described as in the District Court.

Briefly, the facts are as follows: The plaintiff is an "air carrier" within the meaning of Title 49 U.S.C. § 1301(3), and as such was required to charge the freight...

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