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EVANSVILLE-VANDERBURGH AIR. A.D. v. DELTA AIR LINES

No. 869S179.

288 N.E.2d 136 (1972)

EVANSVILLE-VANDERBURGH AIRPORT AUTHORITY DISTRICT ET AL., Appellants, v. DELTA AIR LINES, Inc., et al., Appellees.

Supreme Court of Indiana.

October 25, 1972.

Attorney(s) appearing for the Case

Howard P. Trockman, James F. Flynn, Evansville (Trockman, Flynn & Swain, Evansville, of counsel), for appellants.

Fred P. Bamberger, Jeffrey R. Kinney, Evansville (Bamberger, Foreman, Oswald & Hahn, Evansville, of counsel), John K. Mallory, Jr., J. Eugene Marans, Washington, D.C., (Cleary, Gottlieb, Steen & Hamilton, Washington, D.C., of counsel), for appellees.

DeBRULER, Justice.

This opinion is supplemental to the original opinion handed down by this Court in Evansville-Vanderburgh Airport Authority District, et al. v. Delta Airlines, et al. (1970), Ind., 265 N.E.2d 27. In that opinion this Court affirmed a trial court judgment enjoining the appellant-Authority from enforcing an Ordinance imposing a $1.00 tax on each enplaning commercial airline passenger. The trial court decision rested...

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