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PAN AMERICAN-GRACE AIRWAYS v. CIVIL AERONAUTICS BD.

No. 9914.

178 F.2d 34 (1949)

PAN AMERICAN-GRACE AIRWAYS, Inc. v. CIVIL AERONAUTICS BOARD et al.

United States Court of Appeals District of Columbia Circuit.

Decided September 12, 1949.

Attorney(s) appearing for the Case

Mr. Gerhard A. Gesell, Washington, D. C., with whom Messrs. James H. McGlothlin and Charles F. Barber, Washington, D. C., were on the brief, for petitioner.

Mr. John H. Wanner, Associate General Counsel, Civil Aeronautics Board, Washington, D. C., pro hoc vice, by special leave of Court, with whom Messrs. Herbert A. Bergson, Assistant Attorney General, Edward Dumbauld and William D. McFarlane, Special Assistants to the Attorney General, and Mr. Emory T. Nunneley, Jr., General Counsel, Civil Aeronautics Board, Washington, D. C., were on the brief, for respondent Civil Aeronautics Board.

Mr. Hubert A. Schneider, Washington, D. C., with whom Messrs. Roger J. Whiteford and Philip S. Peyser, Washington, D. C., were on the brief, for respondent Braniff Airways, Inc.

Mr. Henry J. Friendly, New York City, entered an appearance for respondent Pan American Airways, Inc.

Before CLARK and WILBUR K. MILLER, Circuit Judges, and GEORGE C. SWEENEY, District Judge, sitting by designation.

WILBUR K. MILLER, Circuit Judge.

Pan American-Grace Airways, Inc., (Panagra) petitions for review of an order of the Civil Aeronautics Board.

Except for Pan American Airways, Inc., owner of one-half of its capital stock, Panagra had no American competition in air transportation south of the Canal Zone for a number of years. Panagra operated between the Canal Zone, numerous cities on the west coast of South America and Buenos Aires, Argentina. Pan American...

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