Patton

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, including tours of areas of considerable apparent magnitude, for the benefit of tourists who come to Alaska by air and arrive at the airport. Transportation for this service has been paid for before arrival at various places in the United States where the tourists bought their original tickets, which had been sold and contracted for weeks and months ahead of time. The operation of plaintiff constitutes part of a general tourist service. U. M. Culver, defendant here, wrote to plaintiff indicating that he was violating the regulation quoted above. Whereupon, plaintiff applied for a permit under the terms thereof. This was refused on the ground that Yellow Cab Company had exclusive…