District Court, S.D. Ohio October 29, 1970, Civ. A. No. 6659 (City Messenger Service of Hollywood, Inc. v. Capitol Records Distributing Corp.)

Hogan, District Judge.

The plaintiff, at the times of interest in this case, was an “air carrier” as that term is used in Ch. 20 of 49 U. S. Code. As such, it had filed with the “Board” tariffs applicable to various of its carriages. Having done so, it was subject to 49 U. S.