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NEW CASTLE COUNTY AIRPORT COMMISSION v. C. A. B.

No. 19693.

371 F.2d 733 (1966)

NEW CASTLE COUNTY AIRPORT COMMISSION, Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Allegheny Airlines, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided November 17, 1966.

Petition for Rehearing Denied January 9, 1967.

Attorney(s) appearing for the Case

Mr. Robert M. Beckman, Washington, D. C., for petitioner.

Mr. Frederic D. Houghteling, Atty., C. A. B., with whom Asst. Atty. Gen. Donald F. Turner, Messrs. Joseph B. Goldman, Gen. Counsel, O. D. Ozment, Deputy Gen. Counsel, Warren L. Sharfman, Associate Gen. Counsel, C. A. B., and Howard E. Shapiro, Atty., Dept. of Justice, were on the brief, for respondent. Mr. Lionel Kestenbaum, Atty., Dept. of Justice, and John H. Wanner, Gen. Counsel, C. A. B., at the time the record was filed, also entered appearances for respondent.

Mr. Edwin I. Colodny, Washington, D. C., for intervenor. Mr. David B. Armstrong also entered an appearance for intervenor.

Before BAZELON, C. J., WILBUR K. MILLER, Senior Circuit Judge, and LEVENTHAL, Circuit Judge.

Petition for Rehearing En Banc Denied January 9, 1967.

LEVENTHAL, Circuit Judge.

Petitioner seeks review of orders of the Civil Aeronautics Board which amended the certificate of public convenience and necessity of Allegheny Airlines, a federally subsidized local-service carrier serving Wilmington, Delaware, so as to delete Wilmington as a separate intermediate point on Allegheny's route segment 3, which runs from New York to Pittsburgh via Philadelphia and...

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