ELR Citation: ELR 20205
No(s). 71 Civ. 3062 (S.D.N.Y. Feb 9, 1973)

The court holds that under a contract between the Federal Aviation Agency (FAA) and the Metropolitan Transit Authority, FAA must grant prior approval to any expansion of Stewart Airport that might adversely affect the safety, utility and efficiency of the Airport. The court goes on to hold that the contract must be interpreted and any ambiguity must be resolved on the basis of federal common law. This federal common law is found in the policy of Congress as derived from various statutes. Here, the relevant statutes clearly show Congress intended for the FAA to have primary jurisdiction to regulate air commerce and to determine questions of airport safety and efficiency. For previous opinion, see 1 ELR 20401.

Counsel for Plaintiffs
David Sive
Winer, Neuberger & Sive
425 Park Avenue
New York, NY 10022

Counsel for Defendant, Metropolitan Transit Authority
John R. Hupper
Norman J. Itzkoff
Cravath, Swaine & Moore
1 Chase Manhattan Plaza
New York, NY 10005

Counsel for Federal Defendants
Whitney North Seymour Jr., U.S. Attorney
Daniel Riesel, Assistant U.S. Attorney
Foley Square
New York, NY 10007

Counsel for the State
Louis J. Lefkowitz, State Attorney General
State Office Building
New York, NY 10013