Flying Tiger Line, Inc. v. Atchison, T. & S. F. Ry. Co.

I indicated that I thought I would be ready for a decision on certain phases of the matters which had been argued, and I have come to a conclusion and have endeavored to rough out a memorandum here which I will try to follow.

The plaintiffs, by their complaint, seek to permanently enjoin and restrain the defendants from asserted violations of Sec tion 401(a) of the Civil Aeronautics Act as amended, 49 U.S.C.A. § 481 . Their motion for an injunction pendente lite, and their motion for the production of documents under the discovery provisions of the Federal Rules of Civil Procedure was noticed and set for hearing, along with the defendants’ motions to dismiss, last Monday. ' But in accordance with the understanding of counsel, argument was confined to the motions to dismiss, at the conclusion of which on Wednesday the other motions were continued until today for argument and disposition.

After setting forth the corporate status of the various parties, the complaint in substance alleges that the plaintiffs are authorized common carriers of property only under Letters of Registration, duly issued by the Civil Aeronautics Board, pursuant to the Act and applicable regulations; that…