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CAPITAL AIRLINES v. CIVIL AERONAUTICS BOARD

No. 9870.

171 F.2d 339 (1948)

CAPITAL AIRLINES, Inc. v. CIVIL AERONAUTICS BOARD.

United States Court of Appeals District of Columbia Circuit.

Decided December 6, 1948.

Attorney(s) appearing for the Case

Mr. Charles H. Murchison, of Jacksonville, Fla., pro hac vice, by special leave of Court, with whom Mr. Robert B. Hankins, of Jacksonville, Fla., was on the brief, for petitioner.

Mr. William C. Burt, Chief, Rates Section, Civil Aeronautics Board, of Washington, D. C., with whom Messrs. Herbert A. Bergson, Asst. Atty. Gen., George Morris Fay, U. S. Atty., Emory T. Nunneley, Jr., General Counsel, Civil Aeronautics Board, Warren L. Sharfman, Atty., Civil Aeronautics Board, and Oliver Carter, Acting Chief, Enforcement and Litigation Section, Civil Aeronautics Board, all of Washington, D. C., were on the brief, for respondent. Mr. Louis P. Sissman, Atty., Civil Aeronautics Board, of Washington, D. C., also entered an appearance for respondent.

Before PRETTYMAN and PROCTOR, Circuit Judges, and McGUIRE, District Judge, sitting by designation.

PROCTOR, Circuit Judge.

This case is here for review of an order of the Civil Aeronautics Board of December 2, 1947, (confirmed by its order of March 29, 1948) dismissing a petition of Capital Airlines, filed January 14, 1947, in so far as it sought retroactive increase in mail rates fixed by the Board's order of December 16, 1942, effective as of June 1, 1942, "with the understanding that upon respondent's request filed pursuant to rule 8 of the Rules of Practice...

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