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POLANSKY v. TRANS WORLD AIRLINES, INC.

Nos. 75-1088, 75-1565.

523 F.2d 332 (1975)

Charles POLANSKY et al., Appellants. v. TRANS WORLD AIRLINES, INC., a corporation having its principal place of business, City of New York, State of New York, operating in all States in the United States of America, including the State of New Jersey, and Melia Tours, Inc., with its principal place of business, City of New York, State of New York, Appellees.

United States Court of Appeals, Third Circuit.

Decided September 9, 1975.

Attorney(s) appearing for the Case

Shanley & Fisher, Raymond M. Tierney, Jr., Thomas J. Alworth, Newark, N. J., for Trans World Airlines, Inc.

Hellring, Lindeman & Landau, Joel D. Siegal, James A. Scarpone, Newark, N. J., for Melia Tours, Inc.

Norman Shabel, Newark, N. J., for appellants.

Before ADAMS, HUNTER and GARTH, Circuit Judges.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

In this case we must decide whether airline passengers who were furnished allegedly inferior ground accommodations in a tour, sponsored by a Civil Aeronautics Board (CAB) regulated air carrier, can maintain an action against the air carrier on the basis of 49 U.S.C. § 1374(b) and § 1381, § 404 and § 411 of the Federal Aviation Act.1 Given the facts of...

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