EASTERN AIRLINES v. CIVIL AERONAUTICS BOARD

No. 10099.

178 F.2d 726 (1949)

EASTERN AIRLINES, Inc. v. CIVIL AERONAUTICS BOARD (STATE OF RHODE ISLAND, Intervenor).

United States Court of Appeals District of Columbia Circuit.

Decided November 30, 1949.


Attorney(s) appearing for the Case

Mr. W. Glen Harlan, Atlanta, Ga., with whom Mr. Llewellyn C. Thomas, Washington, D. C., was on the brief, for petitioner.

Mr. Albert R. Tavani, Providence, R. I., of the bar of the Supreme Court of Rhode Island, pro hac vice, with whom Mr. Philip Schleit, Washington, D. C., was on the brief, for intervenor State of Rhode Island, urging reversal.

Mr. John H. Wanner, Associate General Counsel, Civil Aeronautics Board, Washington, D. C., of the bar of the Supreme Court of Pennsylvania, pro hac vice, with whom Mr. Herbert Bergson, Assistant Attorney General, Messrs. Edward Dumbauld and William D. McFarlane, Special Assistants to the Attorney General, and Messrs. Emory T. Nunneley, Jr., General Counsel, and Warren L. Sharfman, Attorney, both of the Civil Aeronautics Board, Washington, D. C., were on the brief, for respondent.

Before EDGERTON, WILBUR K. MILLER, and PRETTYMAN, Circuit Judges.


EDGERTON, Circuit Judge.

Eastern Airlines, Inc., is a trunk-line operator between New England and the south. Its certificate permits it to "serve Boston only on flights originating or terminating south of Richmond or west of Charleston [W.Va.]; . . . [and] Providence, Hartford, and New Haven only on flights originating at Boston and terminating south of Richmond or west of Charleston or on flights originating south of Richmond or west of Charleston and terminating...

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