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BRITISH AIRWAYS BD. v. PORT AUTH. OF N. Y. & N. J.

No. 76 Civ. 1276.

431 F.Supp. 1216 (1977)

BRITISH AIRWAYS BOARD and Compagnie Nationale Air France, Plaintiffs, v. The PORT AUTHORITY OF NEW YORK AND NEW JERSEY et al., Defendants.

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

May 11, 1977.

Attorney(s) appearing for the Case

William C. Clarke, New York City, for plaintiff British Airways Board; Covington & Burling, Washington, D.C., John Michael Clear, Peter John Nickles, Washington, D.C., of counsel.

Rogers & Wells, New York City, for plaintiff Compagnie Nationale Air France.

Patrick J. Falvey, Joseph Lesser, New York City, for defendants.

Nickerson, Kramer, Lowenstein, Nessen, Kamin & Soll, New York City, for Friends of The Earth, et al., by Geoffrey Kalmus, Charlotte M. Fischman, New York City, of counsel, amicus curiae.

John F. Hellegers, Washington, D.C., for Environmental Defense Fund, amicus curiae.

William D. Denson, New York City, for Town of Hempstead, amicus curiae.

POLLACK, District Judge.

The British Airways Board and Compagnie Nationale Air France, plaintiffs herein, have brought a declaratory judgment and injunction suit against The Port Authority of New York and New Jersey ("PA" hereafter) and its Commissioners, named as defendants, to declare invalid the PA's resolution of March 11, 1976. That resolution denies permission to the plaintiffs, until further action of the PA Board, to engage in experimental test flights of...

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