United States v. Aero Spacelines, Inc., a Corporation

This action was instituted by appellant in the District Court to recover from appellee civil penalties in the aggregate amount of $3,000.00, under the provisions of 49 U.S.C.A. § 1471 (a) of the Federal Aviation Act of 1958, as amended, [49 U.S.C.A. §§ 1301 et seq.], for three flights of appellee’s aircraft, Boeing B-377 PG which were asserted to have been made in violation of Civil Air Regulation 45.2 [14 C.F.R. 45.2], promulgated by the Federal Aviation Administrator, which reads in pertinent part:

The amount of the penalty for each flight constitutes the maximum penalty which may be imposed under 49 U.S.C.A. § 1471 (a).

The District Court has jurisdiction pursuant to § 1007(b) of the Federal Aviation Act of 1958, as amended, [ 49 U.S.C.A. § 1487 (b)], and by 28 U.S.C. § 1345 . This Court has jurisdiction under 28 U.S.C. § 1291 .

Both parties filed motions for summary judgment in the District Court and submitted the cause for decision on a written stipulation of facts.

The District Court entered judgment for appellee decreeing “that at the time mentioned in the complaint defendant’s aircraft B-377 PG was a ‘public aircraft’ as that term is used in Section 101(30) of the…