Trans World Airlines, Inc. v. City of San Francisco

Good Law
228 F.2d 473·1955 WL 72990
United States Court of Appeals for the Ninth CircuitDecember 19, 1955No. 14523California2,281 words

Opinion

Lead Opinion

Orr, J.

We have for determination the interesting question of whether or not the City and County of San Francisco, having contracted through its duly authorized officials to permit Trans World Airlines, Inc., to use “common use facilities” at the San Francisco International Airport, situate in San Mateo County, at fixed rates for a term of years, may thereafter, through its duly constituted Public Service Commission, change the contract rates.

In 1942 the City and County of San Francisco, hereafter City, entered into a formal agreement, executed and to. be performed in the state of California, with Trans World Airlines, Inc., hereafter T.W.A., one of twelve scheduled airlines currently using the airport. The lease was for a twenty-year term, at charges fixed by the agreement. The property leased consisted of a hangar and certain space in the administration building and, in addition, certain “common use” facilities. Common use facilities are those areas and facilities used in common by the several airlines. Included in this category are landing fields, runways, aprons, taxi-ways, sewerage, water facilities, various lights and signals, control tower service and other conveniences supplied…

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