TRANSCONTINENTAL & WEST. AIR v. CIVIL AERONAUTICS BD.

No. 9763.

169 F.2d 893 (1948)

TRANSCONTINENTAL & WESTERN AIR, Inc. v. CIVIL AERONAUTICS BOARD.

United States Court of Appeals District of Columbia.

Decided August 2, 1948.


Attorney(s) appearing for the Case

Mr. Gerald B. Brophy, of New York City, for petitioner.

Mr. Hardy K. Maclay, Assistant General Counsel, Civil Aeronautics Board, of Washington, D. C., with whom Mr. Edward J. Hickey, Jr., Special Assistant to the Attorney General, Mr. Emory T. Nunneley, Jr., General Counsel, Civil Aeronautics Board, Mr. William C. Burt, Chief, Rates Section, Civil Aeronautics Board, Messrs. Louis P. Sissman and Warren L. Sharfman, Attorneys, Civil Aeronautics Board, Mr. George Morris Fay, United States Attorney, and Mr. Oliver Carter, Acting Chief, Enforcement and Litigation Section, Civil Aeronautics Board, all of Washington, D. C., were on the brief, for respondent.

Before EDGERTON and PRETTYMAN, Associate Justices, and KEECH, District Judge, sitting by designation.


PRETTYMAN, Associate Justice.

This case is before us upon a petition to review an order of the Civil Aeronautics Board which denied petitioner's request that the Board fix a domestic rate for its carrying of the mail for the period January 1, 1946, to March 14, 1947.

By an order dated October 26, 1945, the Board had fixed such a rate for petitioner.1 The show cause order in that proceeding...

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