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PAN AMERICAN AIRWAYS CO. v. CIVIL AERONAUTICS BOARD

No. 266.

121 F.2d 810 (1941)

PAN AMERICAN AIRWAYS CO. v. CIVIL AERONAUTICS BOARD et al.

Circuit Court of Appeals, Second Circuit.

July 16, 1941.

Attorney(s) appearing for the Case

Root, Clark, Buckner & Ballantine, of New York City (Henry J. Friendly and Richard E. Manning, both of New York City, of counsel), for petitioner Pan American Airways Co.

Francis M. Shea, Asst. Atty. Gen., and L. Welch Pogue, Gen. Counsel, Civil Aeronautics Board, of Washington, D. C., (Sidney J. Kaplan, Asst. to the Atty. Gen., and Martin Norr, Sp. Atty., Department of Justice, George C. Neal, Asst. Gen. Counsel, Civil Aeronautics Board, John G. Sarber, Associate Atty., Civil Aeronautics Board and Robert W. Oliver, Senior Atty., Civil Aeronautics Board, all of Washington, D. C., of counsel), for respondent Civil Aeronautics Board.

Chadbourne, Wallace, Parke & Whiteside, of New York City (Gerald B. Brophy, Charles Pickett, and Carl S. Rowe, all of New York City, of counsel), for respondent American Export Airlines, Inc.

Before SWAN, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The petitioner, Pan American Airways Company (hereafter called Pan American), is engaged in the transportation of persons, property and mail by air across the Atlantic. Its operations are conducted under a certificate of public convenience and necessity issued by the Civil Aeronautics Board. American Export Airlines, Inc. (hereafter called Export), organized in 1937 as a subsidiary of American Export Lines, Inc., a common carrier by...

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