The CITY OF DALLAS, TEXAS, the City of Fort Worth, Texas, and the Dallas-Fort Worth Regional Airport Board, Plaintiffs-Appellants,
v.
SOUTHWEST AIRLINES CO., Defendant-Appellee, and
Texas Aeronautic Commission, Intervenor-Appellee.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
May 31, 1974.
Rehearing and Rehearing Denied June 24, 1974.
Attorney(s) appearing for the Case
N. Alex Bickley, City Atty., Dallas, Tex., for City of Dallas.
S. G. Johndroe, Jr., City Atty., Fort Worth, Tex., for City of Fort Worth.
Lee E. Holt, Charles C. Wells, Asst. City Attys., Dallas, Tex., for Dallas-Fort Worth Regional Airport Bd.
John L. Hauer, Michael Caolo, Jr., Robert E. Goodfriend, Dallas, Tex., Herbert D. Kelleher, John T. Behrendt, San Antonio, Tex., for Southwest Airlines Co
John Hill, Atty. Gen., Rex H. White, Jr. Asst. Atty. Gen., Austin, Tex., for Tex. Station Aeronautic.
R. S. Maurer, Robert S. Harkey, Atlanta, Ga., for Delta Air Lines, Inc., amicus curiae.
Richard A. Lempert, New York City, for American Airlines, amicus curiae.
G. Edward Cotter, Los Angeles, Cal., for Continental Air Lines, Inc., amicus curiae.
Sam Coats, Houston, Tex., for Texas International Airlines, Inc., amicus curiae.
Paul Rodgers, Sumner J. Katz, Washington, D. C., for Nat'l Assn. of Regulatory Utility Commissioners.
Before ALDRICH, Senior Circuit Judge, and BELL and GEE, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
Rehearing and Rehearing En Banc Denied June 24, 1974.
GEE, Circuit Judge:
This is a suit for declaratory judgment brought by the cities of Dallas and Fort Worth and their joint agent, an airport board created by intercity compact, to determine their right to close Dallas' Love Field to scheduled passenger service by a state-certificated, intrastate commuter line, Southwest Airlines Co. From a judgment that, so long...
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