Legal Opinion

Ella Fitzgerald, John Lewis, Georgiana Henry and Norman Granz v. Pan American World Airways, Inc.

Court of Appeals for the Second Circuit

Decided January 26, 1956No. 23850_1PublishedCited by 117 opinions

1Opinion of the Court

FRANK, Circuit Judge.

Section 622(a) makes it a federal crime to violate, inter alia, Section 484(b). The latter section is for the benefit of persons, including passengers, using the facilities of air carriers. Consequently, by implication, its violation creates an actionable civil right for the vindication of which a civil action may be maintained by any such person who has been harmed by the violation. As we said in Reitmeister v. Reitmeister, 2 Cir., 162 F.2d 691, 694: “Although the Act does not expressly create any civil liability, we can see no reason why the situation is not within the…

2Cases cited17 opinions

  1. Bell v. HoodSupreme Court of the United States · 1946
  2. Brown v. Board of EducationSupreme Court of the United States · 1955
  3. Tunstall v. Brotherhood of Locomotive Firemen & EnginemenSupreme Court of the United States · 1945
  4. Fischman v. Raytheon Mfg. Co.Court of Appeals for the Second Circuit · 1951
  5. Pennsylvania Railroad v. Puritan Coal Mining Co.Supreme Court of the United States · 1915

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3Cited by117 opinions

  1. Colorado Anti-Discrimination Commission v. Continental Air Lines, Inc.Supreme Court of the United States · 1963
  2. Gladys G. Holloway v. Bristol-Myers CorporationCourt of Appeals for the D.C. Circuit · 1973
  3. 2 Fair empl.prac.cas. 356, 2 Empl. Prac. Dec. P 10,166 Pete Gomez v. Florida State Employment ServiceCourt of Appeals for the Fifth Circuit · 1969
  4. Leist v. SimplotCourt of Appeals for the Second Circuit · 1980
  5. Ralph Nader v. Allegheny Airlines, Inc.Court of Appeals for the D.C. Circuit · 1975

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