AMERICAN AIRLINES v. CIVIL AERONAUTICS BOARD

Nos. 10374, 10387, 10388, 10437, 10439-10442.

192 F.2d 417 (1951)

AMERICAN AIRLINES, Inc. v. CIVIL AERONAUTICS BOARD. TRANSCONTINENTAL & WESTERN AIR, Inc. v. CIVIL AERONAUTICS BOARD. EASTERN AIR LINES, Inc. v. CIVIL AERONAUTICS BOARD. UNITED AIR LINES, Inc. v. CIVIL AERONAUTICS BOARD. BRANIFF AIRWAYS, Inc. v. CIVIL AERONAUTICS BOARD. CHICAGO & SOUTHERN AIR LINES, Inc. v. CIVIL AERONAUTICS BOARD. DELTA AIR LINES, Inc. v. CIVIL AERONAUTICS BOARD. NORTHWEST AIRLINES, Inc. v. CIVIL AERONAUTICS BOARD.

United States Court of Appeals District of Columbia Circuit.

Decided September 27, 1951.


Attorney(s) appearing for the Case

Daniel M. Gribbon, Washington, D. C., with whom Howard C. Westwood and Paul Donald Lagomarcino, Washington, D. C., were on the brief, for petitioner American Airlines, Inc., in No. 10374.

James K. Crimmins, New York City, for petitioner Transcontinental & Western Air, Inc., in No. 10387. William Caverly, Washington, D. C., also entered an appearance in that case.

Charles A. Moye, Jr., Atlanta, Ga., of the Bar of the Supreme Court of Georgia, pro hac vice, by special leave of Court, with whom E. Smythe Gambrell and W. Glen Harlan, Atlanta, Ga., were on the brief, for petitioner Eastern Air Lines, Inc., in No. 10388.

Paul M. Godehn, Chicago, Ill., with whom James Francis Reilly, Washington, D. C., was on the brief, for petitioner United Air Lines, Inc., in No. 10437. Joseph A. Reilly, Washington, D. C., also entered an appearance in that case.

Philip S. Peyser, Washington, D. C., with whom Hubert A. Schneider, Washington, D. C., was on the brief, for petitioner Braniff Airways, Inc., in No. 10439, for petitioner Chicago & Southern Air Lines, Inc., in No. 10440, and for petitioner Delta Air Lines, Inc., in No. 10441.

Seth W. Richardson, C. Edward Leasure and Herman F. Scheurer, Jr., of Washington, D. C., were on the brief for petitioner Northwest Airlines, Inc., in No. 10442.

Warren L. Sharfman, Attorney, Civil Aeronautics Board, Washington, D. C., with whom Mr. Emory T. Nunneley, Jr., General Counsel, Civil Aeronautics Board, Washington, D. C., was on the brief, for respondent. Oral D. Ozment, Attorney, Civil Aeronautics Board, and William D. McFarlane and Charles H. Weston, Department of Justice, Washington, D. C., also entered appearances for respondent.

William E. Miller, Washington, D. C., with whom Stanley C. Morris, Charleston, W. Va., and Stephen Ailes, Washington, D. C., were on the brief, for intervenor Slick Airways, Inc. Laidler B. Mackall, Washington, D. C., also entered an appearance for Slick Airways, Inc.

Norman L. Meyers, Washington, D. C., with whom Elmer E. Batzell, Washington, D. C., was on the brief, for intervenor The Flying Tiger Line, Inc.

Albert F. Beitel, Washington, D. C., with whom George Morris, Washington, D. C., was on the brief, for intervenor U. S. Airlines, Inc.

Elwood H. Seal, Washington, D. C., submitted on the brief for intervenor Airnews, Inc.

Before PRETTYMAN, FAHY and WASHINGTON, Circuit judges.


PRETTYMAN, Circuit Judge.

These are petitions to review1 an order of the Civil Aeronautics Board.

Prior to July, 1946, the Board received a number of applications for certificates of public convenience and necessity which would grant authority to engage in the transportation of property only, by air between points in continental United States. Thirteen such applications were set for hearing in a consolidated proceeding known as...

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