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EMERY AIR FREIGHT CORPORATION v. UNITED STATES

No. 390-71.

499 F.2d 1255 (1974)

EMERY AIR FREIGHT CORPORATION v. The UNITED STATES.

United States Court of Claims.

As Amended July 26, 1974.

Attorney(s) appearing for the Case

Eldon H. Crowell, Washington, D. C., atty. of record, for plaintiff. Michael J. Petrina, Jr., and Reavis, Pogue, Neal & Rose, Washington, D. C., of counsel.

John Charles Ranney, Washington, D. C., with whom was Asst. Atty. Gen. Carla A. Hills, for defendant.

Before COWEN, Chief Judge, and DAVIS and KUNZIG, Judges.

OPINION

COWEN, Chief Judge.

Emery Air Freight Corporation operates as an "indirect air carrier," as defined in Section 101(3) of the Federal Aviation Act of 1958, 49 U.S.C. § 1301(3) (1970), engaging in the air transportation of property as a common carrier while not directly participating in the operation of aircraft. Emery is commonly known as an air freight forwarder.1 In this...

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