United States v. William S. Munz

The Government appeals from a judgment in favor of appellee following trial to the court, in an action brought by the Government to recover civil penalties for violations of civil air regulations promulgated under the Federal Aviation Program of 1959, as amended.

The jurisdiction of the District Court was under § 1007(b) of the Federal Aviation Program of 1958, as amended, 49 U.S.C. § 1487 (b), and 28 U.S.C. § 1345 . This court has jurisdiction of the appeal under 28 U.S.C. § 1291 .

We are concerned on this appeal with only two of the three offenses alleged in the complaint. The following facts are undisputed:

That at all times pertinent, the appellee, Munz, was the holder of a Certificate of Public Convenience and Necessity issued by the Civil Aeronautics Board, and an Air Carrier Operating Certificate issued by the Federal Aviation Agency, and was, and for a number of years prior thereto had been, engaged in the aviation business operating charter flights and transporting cargo, with his headquarters in Nome, Alaska; that on or about August 16, 1960, Monarch Airways was the owner of a Lockheed 10-A aircraft which was covered by a Certificate of Airworthiness issued by the…