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LANDY v. FEDERAL AVIATION ADMINISTRATION

Nos. 702, 1113, Dockets 79-6212, 79-6220.

635 F.2d 143 (1980)

M. Marshall LANDY, Trustee, Plaintiff, v. FEDERAL AVIATION ADMINISTRATION, United States of America, William E. Morgan, Director, Eastern Region, Federal Aviation Administration and Charles Fedderwitz, Inspector, Federal Aviation Administration, Defendants-Appellees, v. M. Marshall LANDY and International Aircraft Leasing Inc., Additional Defendants-Appellants, Air-Trans Ltd., J. D. Smith Inter-Ocean Inc., and Boeing 707 Aircraft, N 9985F, in rem, Additional Defendants on Counterclaims.

United States Court of Appeals, Second Circuit.

Decided November 26, 1980.

Rehearings and Rehearing Denied February 5, 1981.

Attorney(s) appearing for the Case

Frank H. Granito, Jr., New York City, (Speiser & Krause, P.C., New York City, on the brief), for additional defendant-appellant, M. Marshall Landy.

Howard F. Cerny, New York City, for additional defendant-appellant, International Aircraft Leasing Inc.

Michael H. Dolinger, Asst. U.S. Atty., New York City (Robert B. Fiske, Jr., U.S. Atty., S.D.N.Y., Peter C. Salerno, Asst. U.S. Atty., New York City, on the brief), for defendants-appellees.

Before VAN GRAAFEILAND and KEARSE, Circuit Judges, and GOETTEL, District Judge.

Rehearings and Rehearing En Banc Denied February 5, 1981.

VAN GRAAFEILAND, Circuit Judge:

In this action brought by the Federal Aviation Administration under sections 901 and 903 of the Federal Aviation Act, 49 U.S.C. §§ 1471, 1473, the Government alleged that M. Marshall Landy, International Aircraft Leasing, Inc. (IAL) and Air-Trans Ltd. jointly and severally operated an aircraft for compensation or hire in air commerce and that J. D. Smith Inter...

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