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AIR FREIGHT HAULAGE CO., INC. v. RYD-AIR, INC.

No. 71 Civ. 3428.

408 F.Supp. 446 (1976)

AIR FREIGHT HAULAGE CO., INC., Plaintiff, v. RYD-AIR, INC., et al., Defendants.

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

February 24, 1976.

Attorney(s) appearing for the Case

Raphael, Searles, Vischi, Scher, Glover & D'Elia, New York City, for plaintiff.

Cadwalader, Wickersham & Taft, New York City, for defendants Ryder System, Inc., and Ryd-Air, Inc.

Chadbourne, Parke, Whiteside & Wolff, New York City, for defendants Air Carriers and Air Cargo, Inc.; Harold L. Warner, Jr., Steven L. Cohen, New York City, of counsel.

MEMORANDUM

LASKER, District Judge.

The defendant air carriers and Air Cargo, Inc.,1 move for summary judgment dismissing the complaint, pursuant to Rule 56 of the Federal Rules of Civil Procedure, on the ground that the activities challenged in the complaint have been immunized from the antitrust laws by orders of the Civil Aeronautics Board (CAB) issued pursuant to Sections 412 and 414 of the Federal Aviation Act of 1958, 49...

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