which I have found is reasonably likely to be applicable. That public interest is obviously significant in view of the concerns reflected in the statutory and regulatory fabric applicable to aviation generally. The defendants cannot be permitted to jeopardize the public interest which the regulations were reasonably designed to protect.
Defendants object to the hearsay nature of the affidavits. Actually, the material therein is simply confirmatory of the impression I have, based upon everything before me, that, when substance rather than form is considered, this is in fact a 'package' arrangement. It offends common intelligence to state that CVL is expending an admitted $ 3,000 an hour in order to afford 'free' transportation to Antigua to its passengers. Oral argument developed that every passenger on tomorrow's flight has paid the stipulated sum. The shrewd and counselled belated revision of the advertising material cannot be allowed to disguise the true state of affairs. I cannot allow the pervasive federal regulations, reflecting the congressional concern for the economics and safety of air traffic, to be so easily evaded. However, returning to the expressed concern for the hearsay affidavits, I am going to ignore the materials therein for the purposes of this decision.
CVL's counsel complains of the timing of the government's application. Oral argument developed that CVL's counsel must shoulder the responsibility for any untimeliness. Moreover, notwithstanding the advanced information which counsel had of the government's application, no passengers were notified of the possibility of an injunction issuing.
CVL's counsel at oral argument contended that this proceeding had unfairly selected his client out of many. There is nothing before me to indicate that this claim has any merit.
The materials submitted and oral argument lead to the conclusion that CVL has operated its gambling casino for many years but that it has no expertise whatever in the aviation industry and that this is the first flight it has undertaken. Supervision of the operation is in Snyder, who is without aviation expertise. It hardly suffices that CVL will rely on an experienced crew. I cannot ignore the terrible implications arising from the potentials for disaster where inexperienced operators undertake to transport over the ocean the passengers here involved; and it is no answer to say that the latter have a right to embark upon such flights if they choose to. The fact is that it was long ago determined that the public had to be protected by the intricately woven federal statutory and regulatory fabric. The spirit underlying this regulation requires a generous interpretation rather than a restrictive one.
Under all the circumstances, therefore, the application is granted as to CVL, its officers, agents, servants and employees, and those in privity with it.
As to the Florida defendants, as hereinabove set forth, there is no basis for granting the government's application. Mr. Lazar represented to me at oral argument that the lease entered into between the Florida defendants and CVL is a 'dry' lease and I find that nothing substantial has been presented to me contra.
CVL and its principals have moved to dismiss on various grounds discussed in this opinion. Since I have in essence treated the merits involved in that motion, the motion to dismiss is denied.
The Florida defendants join in the motion to dismiss. Their motion is denied without prejudice to renew after discovery has been completed.
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