PAN AMERICAN WORLD AIRWAYS, INC. v. C.A.B.

Nos. 510, 511, Dockets 30947, 30948.

380 F.2d 770 (1967)

PAN AMERICAN WORLD AIRWAYS, INC., Trans World Airlines, Inc., American Airlines, Inc., Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent, World Airways, Inc., et al., Intervenors.

United States Court of Appeals Second Circuit.

Decided July 20, 1967.


Attorney(s) appearing for the Case

Edward R. Neaher, New York City (Carl S. Rowe, Gertrude S. Rosenthal and Chadbourne, Parke, Whiteside & Wolff, New York City, on the brief), for petitioners.

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

Charles A. Hobbs, Washington, D. C. (Glen A. Wilkinson, Paul S. Quinn and Wilkinson, Cragun & Barker, Washington, D. C., on the brief), for intervenor American Society of Travel Agents, Inc.

Clayton L. Burwell, Washington, D. C., Counsel for Trans International Airlines, Inc., and Raymond J. Rasenberger, Washington, D. C., Counsel for Purdue Aeronautics Corp., and World Airways Inc. (Stephen D. Potts, Washington, D. C., Counsel for American Flyers Airlines, Inc., George Berkowitz, New York City, Counsel for Capitol Airways, Inc., and Leonard N. Bebchick, Washington, D. C., Counsel for Saturn Airways, Inc., on the brief), for the intervenor Supplemental Air Carriers.

Before HAYS and FEINBERG, Circuit Judges, and McLEAN, District Judge.


HAYS, Circuit Judge:

This is a petition to review five orders of the Civil Aeronautics Board awarding certain supplemental air carriers, intervenors in this action, certificates which authorize them to operate so-called "inclusive tours"1 between points in the United States and various foreign points. Petitioners' principal contention is that the Board lacked the power to authorize inclusive tours...

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