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BRANIFF AIRWAYS v. CIVIL AERONAUTICS BOARD

No. 8722.

147 F.2d 152 (1945)

BRANIFF AIRWAYS, Inc., v. CIVIL AERONAUTICS BOARD (ESSAIR, Inc., Intervenor).

United States Court of Appeals District of Columbia.

Decided January 29, 1945.

Attorney(s) appearing for the Case

Mr. Roger J. Whiteford, of Washington, D.C., with whom Mr. Philip S. Peyser, of Washington, D. C., was on the brief, for petitioner.

Mr. George C. Neal, General Counsel, Civil Aeronautics Board, of Washington, D. C., with whom Messrs. Wendell Berge, Assistant Attorney General, and Edward Dumbauld, Special Assistant to the Attorney General, were on the brief, for respondent. Mr. J. Francis Reilly, of Washington, D. C., also entered an appearance for respondent.

Mr. O. R. McGuire, of Washington, D. C., for Intervenor.

Before GRONER, Chief Justice, and MILLER and EDGERTON, Associate Justices.

EDGERTON, Associate Justice.

This is a petition to review an order of the Civil Aeronautics Board which granted to Essair, Inc., a certificate of temporary authority to engage in air transportation between Houston and Amarillo, Texas. The Board denied the application of petitioner Braniff for similar authority. Petitioner claims, also, that the grant to Essair will divert traffic from other routes which petitioner operates. Essair has intervened here.

Essair...

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