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1985 - March DOT Ord. & Dec. [1] (March, 1985)

handle is hein.usfed/dotod0349 and id is 1 raw text is: 


                                                               Order 85-3-1        .5


                          UNITED STATES OF AMERICA
                        DEPARTMNT OF TRANSPORTATION
                          OFFICE OF THE SECRETARY
                             WASHINGTON, D. C.

                       Issued under Assigned Authority
                               March 1, 1985


 Third-party complaint of                              SERVED     MAR   1 198

     *4jk t4H ,MCCOLLOUGft

 against                                           Docket 42655

     UNITED AIR LINES, INC.
        444
Alleged violations of 14 CFR
Part 252



Third-party complaint of

      W      . CCOL.OUGH   .

against                                            Docket 42656

     UNITEP AIR LINES, INC,

Alleged violations of 14 CFR
Part 252



                        ORDER DISMISSING COMPLAINTS

On December 12, 1983, Helen H. McCollough and Albert W. McCollough signed
formal complaints against United Air Lines, Inc. (United) by which they
alleged that United had on October 21, 1983 violated the CAB's no-smoking
regulations.    Those  complaints were   not   filed  with  the  CAB  until
November 26, 1984 and were not served on United's designated agents until
December 27, 1984. On January 10, 1985 United answered the complaints.

In separate but materially identical complaints, Mr. and Mrs. McCollough
complained that on October 21, 1983, they were passengers from Denver to
New York on United flight 162 and that they observed, and then complained
about, smoke within the no-smoking area of the coach-class section.    They
reported that they were in seats 12A and 12B and that, although their
no-smoking area included rows 5 through 22, passengers in seats 9A, 9B,
1OD, and tOE lit cigarettes. When Mrs. McCollough reported that smoking to

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