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AM. AIRLINES, INC. v. MASSACHUSETTS PORT AUTH.

No. 77-1150.

560 F.2d 1036 (1977)

AMERICAN AIRLINES, INC., et al., Plaintiffs, Appellants, v. MASSACHUSETTS PORT AUTHORITY et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 1, 1977.

Attorney(s) appearing for the Case

John R. Hally, Boston, Mass., with whom Craig E. Stewart, Charles R. Parrott, Alan Mandl, Nutter, McClennen & Fish, Robert Vance Brown, Boston, Mass., were on brief, for appellants.

Joseph A. Bosco, Boston, Mass., with whom Douglas B. MacDonald, Robert E. Sullivan, Gerald F. Rath, Steven W. Hansen, Richard C. Heidlage, Herrick & Smith, and vom Baur, Coburn, Simmons & Turtle, Boston, Mass., were on brief, for Massachusetts Port Authority, appellee.

Thayer Fremont-Smith, Boston Mass., with whom Kenneth Laurence, Amos Hugh Scott, and Choate, Hall & Stewart, Boston, Mass., were on brief, for New England Merchants National Bank, as Trustee, appellee.

Marvin E. Krakow, Robert L. Weiss, Jr., and Peter L. Koff, Asst. Corp. Counsel, Boston, Mass., on brief for East Boston Residents and the City of Boston, amici curiae.

Before COFFIN, Chief Judge, LAY and CAMPBELL, Circuit Judges.

COFFIN, Chief Judge.

Plaintiffs, eighteen airlines, sought a declaratory judgment that the action of the Massachusetts Port Authority (Massport), owner of Logan International Airport, in raising airlines' landing fees 52 percent in 1977 was an unconstitutional burden on interstate commerce. They announced that they would pay only at the 1976 rate. Massport counterclaimed for the difference between the 1976 and 1977 amounts. After affidavits were submitted, the district...

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