AMERICAN AIRLINES, INC. v. C. A. B.

No. 20159.

365 F.2d 939 (1966)

AMERICAN AIRLINES, INC., et al., Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent, Saturn Airways, Inc., World Airways, Inc., American Society of Travel Agents, Inc., Trans International Airlines, Inc., Modern Air Transport, Inc., American Flyers Airline Corporation, Johnson Flying Service, Inc., Purdue Aeronautics Corporation, Capitol Airways, Inc., and Overseas National Airways, Inc., Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided July 19, 1966.


Attorney(s) appearing for the Case

Mr. James F. Bell, Washington, D. C., with whom Mr. Brian C. Elmer, Washington, D. C., was on the brief, for petitioners. Mr. George C. Neal, Washington, D. C., also entered an appearance for petitioners.

Mr. Warren L. Sharfman, Associate Gen. Counsel, Litigation and Legislation, C. A. B., with whom Asst. Atty. Gen. Donald F. Turner, Messrs. Joseph B. Goldman, Gen. Counsel, O. D. Ozment, Deputy Gen. Counsel, Robert L. Toomey, Atty., C. A. B., and Howard E. Shapiro, Atty., Dept. of Justice, were on the brief, for respondent.

Mr. Raymond J. Rasenberger, Washington, D. C., Atty. for intervenor Purdue Aeronautics Corp., and Clayton L. Burwell, Washington, D. C., Atty. for intervenor Trans International Airlines, Inc., argued on behalf of all intervenors.

Mr. Leonard Bebchick, Washington, D. C., was on the brief for intervenor Saturn Airways Inc.

Mr. Jerrold Scoutt, Jr., Washington, D. C., was on the brief for intervenor World Airways, Inc.

Mr. Ramsay D. Potts, Washington, D. C., was on the brief for intervenor American Flyers Airline, Inc.

Mr. Dayton M. Harrington, Washington, D. C., was on the brief for intervenor Capitol Airways, Inc.

Mr. Warren E. Miller, Washington, D. C., was on the brief for intervenor Johnson Flying Service, Inc.

Mr. Albert F. Beitel, Washington, D. C., was on the brief for intervenor Modern Air Transport, Inc.

Mr. Howard S. Boros, Washington, D. C., was on the brief for intervenor Overseas National Airways, Inc.

Mr. Charles A. Hobbs, Washington, D. C., was on the brief for intervenor American Society of Travel Agents, Inc.

Mr. Walter D. Hansen, Washington, D. C., also entered an appearance for intervenor Trans International Airlines, Inc.

Mr. Stephen D. Potts, Washington, D. C., also entered an appearance for intervenor American Flyers Airlines Corp.

Before DANAHER, Circuit Judge, BASTIAN, Senior Circuit Judge, and TAMM, Circuit Judge.


TAMM, Circuit Judge:

This case presents essentially a question of statutory construction. It grows out of the protracted and absorbing battle over the years between the regularly scheduled airlines and the so-called "supplemental" airlines. The petitioners here comprise all but one of the domestic "trunkline" air carriers, plus Pan American World Airways. Their traditional role in air transportation has, of course, been to provide regularly scheduled air transportation...

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