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IBERIA AIR LINES OF SPAIN v. NATIONWIDE LEISURE CORP.

No. 75 C 483.

408 F.Supp. 221 (1976)

IBERIA AIR LINES OF SPAIN, Plaintiff, v. NATIONWIDE LEISURE CORPORATION, Defendant.

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

February 24, 1976.

Attorney(s) appearing for the Case

Hale, Russell, Gray, Seaman & Birkett by Louis H. Kurrelmeyer, New York City, for plaintiff.

Boros & Garofalo, P. C., by Howard S. Boros, Washington, D. C., for defendant.

MEMORANDUM AND ORDER

NEAHER, District Judge.

This action for breach of contract presents on motion of defendant the question whether the court must invoke the doctrine of primary jurisdiction and dismiss or stay the action in order to afford the Civil Aeronautics Board (CAB) an opportunity to exercise administrative discretion over the matters in issue. Plaintiff Iberia Air Lines of Spain (Iberia) is a foreign air carrier authorized by the CAB to engage...

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