NADER v. ALLEGHENY AIRLINES, INC.

No. 73-2243.

512 F.2d 527 (1975)

Ralph NADER et al. v. ALLEGHENY AIRLINES, INC., Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 2, 1975.

Rehearing and Rehearing Denied June 23, 1975.


Attorney(s) appearing for the Case

Frank F. Roberson, Washington, D. C., with whom William A. Bradford, Jr., Washington, D. C., was on the brief, for appellant.

Reuben B. Robertson, Washington, D. C., with whom Alan B. Morrison, Washington, D. C., was on the brief, for appellees.

James E. Landry and Donald C. Comlish, Washington, D. C., filed a brief on behalf of certain members of the Air Transport Association of America as amici curiae urging reversal.

Richard Littell, Gen. Counsel, C.A.B., O. D. Ozment, Deputy Gen. Counsel, Glen M. Bendixsen, Associate Gen. Counsel, Litigation and Research, Barbara Thorson, Atty., C.A.B., and Warren L. Sharfman, Sp. Counsel, C.A.B., filed a brief on behalf of Civil Aeronautics Board as amicus curiae urging reversal.

Before FAHY, Senior Circuit Judge, and McGOWAN and TAMM, Circuit Judges.


Rehearing and Rehearing En Banc Denied June 23, 1975.

Opinion for the Court filed by Circuit Judge TAMM.

Opinion filed by Senior Circuit Judge FAHY, concurring in part and dissenting in part.

TAMM, Circuit Judge:

Plaintiffs-appellees Ralph Nader and the Connecticut Citizen Action Group (CCAG) brought this suit in district court against defendant-appellant Allegheny Airlines, Inc. (Allegheny) after Allegheny dishonored Nader's reservation for...

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