Legal Opinion
Wittenberg v. Eastern Air Lines, Inc.
District Court, E.D. South Carolina
Decided December 7, 1954No. Civ. A. 4290PublishedCited by 9 opinions
1Opinion of the Court
WYCHE, District Judge.
This matter is before me upon the motion of the defendant air line for summary judgment pursuant to Rule 56, Fed. Rules Civ.Proc., 28 U.S.C.A., on the ground that there is no genuine issue as to any material fact and defendant is entitled to judgment as a matter of law. The motion is based on the pleadings, the deposition of the plaintiff, the plaintiff’s ticket, Rule 11 of the defendant’s Passenger Rules Tariff, and an affidavit setting out the contract provisions of the ticket which defendant issued to the plaintiff.
The gist of the complaint is that the defendant,…
2Cases cited5 opinions
- Lichten v. Eastern Airlines, IncCourt of Appeals for the Second Circuit · 1951
- Jones v. Northwest Airlines, Inc.Washington Supreme Court · 1945
- MacK v. Eastern Air Lines, Inc.District Court, D. Massachusetts · 1949
- Furrow & Co. v. American Airlines, Inc.District Court, W.D. Oklahoma · 1952
- Schwartzman v. United Air Lines Transp. Corp.District Court, D. Nebraska · 1947
3Cited by9 opinions
- Bosch v. United Air Lines, Inc.District Court, S.D. New York · 1956
- New York & Honduras Rosario Mining Co. v. Riddle Airlines, Inc.Appellate Division of the Supreme Court of the State of New York · 1957
- Goodman v. NATIONAL AIRLINES, INCORPORATEDDistrict of Columbia Court of Appeals · 1964
- Mirandona v. Aaxico Airlines, Inc.Louisiana Court of Appeal · 1962
- Trammell v. Eastern Air LinesDistrict Court, W.D. South Carolina · 1955
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