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CITY OF NEW HAVEN, CONN. v. CIVIL AERONAUTICS

No. 153, Docket 79-4100.

618 F.2d 955 (1980)

CITY OF NEW HAVEN, CONNECTICUT, Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Eastern Air Lines, Inc., Allegheny Airlines, Inc., Intervenors.

United States Court of Appeals, Second Circuit.

Decided March 3, 1980.

Attorney(s) appearing for the Case

Robert M. Beckman, Washington, D. C. (Frederick W. Danforth, Deputy Corporation Counsel, City of New Haven, Conn., on brief), for petitioner.

Glen M. Bendixsen, Associate Gen. Counsel, Civil Aeronautics Bd., Washington, D. C. (John R. Shenefield, Asst. Atty. Gen., Robert R. Nicholson, Daniel J. Conway, Attys., Dept. of Justice, Washington, D. C., Philip J. Bakes, Jr., Gen. Counsel, Gary J. Edles, Deputy Gen. Counsel, Alan R. Demby, Thomas L. Ray, David E. Bass, Attys., Civil Aeronautics Bd., Washington, D. C., on brief), for respondent.

Before GURFEIN, VAN GRAAFEILAND and KEARSE, Circuit Judges.

KEARSE, Circuit Judge:

In 1978, after four decades in which the domestic air transportation industry was subject to comprehensive economic regulation by the Civil Aeronautics-Board (the "Board" or "CAB"), Congress passed the "Airline Deregulation Act" (the "Deregulation Act" or "1978 amendments"), amending the Federal Aviation Act of 1958, 49 U.S.C. § 1301 et seq. (1976), (the "Act"). The Deregulation Act was designed "to encourage, develop, and attain...

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