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SEABOARD & WESTERN AIRLINES v. CIVIL AERONAUTICS BD.

No. 10193.

181 F.2d 777 (1949)

SEABOARD & WESTERN AIRLINES, Inc. v. CIVIL AERONAUTICS BOARD (PAN AMERICAN AIRWAYS, Inc., et al., Intervenors).

United States Court of Appeals. District of Columbia Circuit.

Decided December 5, 1949.

Attorney(s) appearing for the Case

Mr. Hardy K. Maclay, Washington, D. C., with whom Mr. Stanley Gewirtz, Washington, D. C., was on the brief, for petitioner.

Mr. Warren L. Sharfman, Washington, D. C., with whom Mr. Herbert Bergson, Assistant Attorney General, Messrs. 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.

Mr. Howard C. Westwood, Washington, D. C., with whom Messrs. James H. McGlothlin and Daniel M. Gribbon, Washington, D. C., were on the brief, for intervenors American Airlines, Inc., and American Overseas Airlines, Inc.

Messrs. Hugh B. Cox, Washington, D. C., Henry J. Friendly, New York City, and John K. Mallory, Jr., Washington, D. C., filed a brief on behalf of intervenor Pan American Airways, Inc.

Before EDGERTON, PRETTYMAN, and PROCTOR, Circuit Judges.

PRETTYMAN, Circuit Judge.

This is a petition to review an order of the Civil Aeronautics Board, denying a motion of Seaboard & Western Airlines, Inc., for consolidation of its application for a certificate to transport property between the United States and Europe with a proceeding pending before the Board, designated The North Atlantic Route Transfer Case (which for brevity we shall call the Transfer Case).

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