Patton v. Administrator

217 F.2d 395 15 Alaska 150 Everett W. PATTON, doing business as E. W. Patton Company, Appellant, v. The ADMINISTRATOR OF CIVIL AERONAUTICS, U. M. Culver, as Director of Alaska Air Terminals Division, Civil Aeronautics Administration, and Frank Gray, as Airport Manager, Fairbanks International Airport, Appellees. No. 13921. United States Court of Appeals Ninth Circuit. Sept. 21, 1954. Maurice T. Johnson, Fairbanks, Alaska, for appellant. Theodore F. Stevens, U.S. Atty., Fairbanks, Alaska, Robert P. Boyle, Gen. Counsel, C.A.A., Washington, D.C., H. P. Noggle, Atty., Anchorage, Alaska, C.A.B., for appellees. Before BONE, and ORR and FEE, Circuit Judges. JAMES ALGER FEE, Circuit Judge. 1 Plaintiff Patton filed a complaint in the District Court for Alaska, containing allegations which are below summarized. A regulation was adopted by the Administrator of Civil Aeronautics for the Fairbanks International Airport pursuant to Sections 4 and 8 of the Alaska Airports Act, A.C.L.A. 32-2-4, 32-2-8; 48 U.S.C.A. 485c, 485g, purporting to regulate the operation of 'any taxicab or other vehicle carrying passengers for hire from the airport.' Plaintiff is engaged in a transportation service,…