Wills v. Trans World Airlines, Inc.

MATHES, District Judge.

Plaintiff brings this action under § 404(b) of the Civil Aeronautics Act of 1938 [49 U.S.C.A. § 484(b), as amended, id. § 1374(b) (1958)], alleging that unjust discrimination and undue preference was visited upon him as a prospective passenger aboard one of defendant’s aircraft. The relief claimed is for actual damages for breach of contract and fraudulent misrepresentation, for a permanent injunction against defendant, and for exemplary or punitive damages as well.

The facts are largely undisputed and, as established by a preponderance of the evidence, are these:…