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C. A. B. v. SCOTTISH-AMERICAN ASS'N, INC.

No. 74-C-915.

411 F.Supp. 883 (1976)

CIVIL AERONAUTICS BOARD, Plaintiff, v. SCOTTISH-AMERICAN ASSOCIATION, INC., et al., Defendants.

United States District Court, E. D. New York.

January 9, 1976.

Attorney(s) appearing for the Case

Rex E. Lee, Asst. Atty. Gen., Civ. Div., Dept. of Justice, Washington, D. C., David G. Trager, U. S. Atty., Eastern District of New York, Brooklyn, N. Y., David J. Anderson, Raymond D. Battocchi, Civ. Div., Dept. of Justice, Washington, D. C., for plaintiff; James W. Tello, Bureau of Enforcement, C.A.B., Washington, D. C., of counsel.

George S. Meissner, Brooklyn, N. Y., for defendants Francis John Folan and Julia Ann Folan.

MEMORANDUM AND ORDER

JUDD, District Judge.

Plaintiff seeks, by motion for summary judgment pursuant to F.R.C.P. 56, a permanent injunction compelling the defendants Francis John Folan and Julia Ann Folan, to make refunds out of their personal assets to purchasers of affinity charter air transportation.

This is not the ordinary motion for summary judgment on affidavits where facts may be disputed. The two individual defendants and other witnesses...

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