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TOWN OF EAST HAVEN v. EASTERN AIRLINES, INC.

No. 22, Docket 72-1137.

470 F.2d 148 (1972)

The TOWN OF EAST HAVEN et al., Plaintiffs-Appellees, v. EASTERN AIRLINES, INC., et al., Defendants, City of New Haven, Appellant-Defendant.

United States Court of Appeals, Second Circuit.

Decided November 22, 1972.

Attorney(s) appearing for the Case

Roger J. Frechette, Asst. Corp. Counsel, New Haven, Conn., for appellant-defendant.

Anthony V. DeMayo, New Haven, Conn. (Cohen & DeMayo, New Haven, Conn., of counsel), for plaintiffs-appellees.

Before MOORE, FEINBERG and MULLIGAN, Circuit Judges.

MOORE, Circuit Judge:

The plaintiffs are the Town of East Haven and property owners whose properties are in the vicinity of the Tweed-New Haven Airport, an airport owned and operated by the City of New Haven (the City). The defendants are the City of New Haven, Eastern Airlines and Allegheny Airlines, Inc.1 After a non-jury trial, the District Court dismissed the action against the airlines and dismissed all claims against the City except...

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