W. R. GRACE & CO.
v.
CIVIL AERONAUTICS BOARD et al.
Circuit Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
January 28, 1946.
Rehearing Denied February 21, 1946.
Attorney(s) appearing for the Case
Cahill, Gordon, Zachry & Reindel, of New York City (John T. Cahill, Fred J. Knauer, Elmer J. Kelsey, and William F. Kennedy, all of New York City, of counsel), for petitioner.
Wendell Berge and George C. Neal, both of Washington, D. C. (James E. Kilday, of Washington D. C., Lawrence S. Apsey, of New York City, Edward Dumbauld and John H. Wanner, both of Washington, D. C., and Louis W. Goodkind, of New York City, of counsel), for Civil Aeronautics Board.
Root, Clark, Buckner & Ballantine, of New York City (Henry J. Friendly, James P. Kranz, Jr., and John P. Apicella, all of New York City, of counsel), for Pan American Airways Corporation.
Gambrell & White, of Atlanta, Ga. (E. Smythe Gambrell, W. Glen Harlan, and Harold L. Russell, all of Atlanta, Ga., of counsel), for Eastern Air Lines, Inc.
Before L. HAND, SWAN, and FRANK, Circuit Judges.
Circuit Court of Appeals, Second Circuit.
FRANK, Circuit Judge.
1. It has been suggested that the Board should have considered and decided the issue of the violation of Section 411 by treating the proceeding as if it involved Grace's petition No. 744.2 But the scope of this proceeding (No. 779) is to be measured, we think, by the directory part of the Board's order of September 10, 1942; not by its recitals, save as these may be necessary to throw light upon the rest; nor by what...
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