S. S. W., INC. v. AIR TRANSPORT ASS'N OF AMERICA

No. 10731.

191 F.2d 658 (1951)

S. S. W., Inc. v. AIR TRANSPORT ASS'N OF AMERICA et al.

United States Court of Appeals District of Columbia Circuit.

Decided July 12, 1951.


Attorney(s) appearing for the Case

Warren E. Miller and Harold L. Schilz, Washington, D. C., with whom John F. Clagett and John James Klak, Washington, D. C., were on the brief, for appellant.

Howard C. Westwood and Hubert A. Schneider, Washington, D. C., for appellees.

Jo V. Morgan, Jr., and Stuart G. Tipton, Washington, D. C., were on the brief for appellees Air Transport Ass'n of America and Air Traffic Conference of America.

Howard C. Westwood and Ernest W. Jennes, Washington, D. C., were on the brief for appellee American Airlines, Inc.

Roger J. Whiteford, Hubert A. Schneider and Jo V. Morgan, Jr., Washington, D. C., were on the brief for appellee Braniff Airlines, Inc.

James M. Landis, Washington, D. C., was on the brief for appellee Colonial Airlines, Inc.

Stanley Gewirtz, Washington, D. C., also entered an appearance for appellee Colonial Airlines, Inc.

W. Glen Harlan, Atlanta, Ga., was on the brief for appellee Eastern Air Lines, Inc.

Robert B. Hankins and Macon M. Arthur, Washington, D. C., were on the brief for appellee Capital Airlines, Inc.

C. Edward Leasure, Washington, D. C., was on the brief for appellees Continental Air Lines, Inc., and Northwest Airlines, Inc.

Henry J. Friendly, New York City, and James G. Johnson, Jr., Washington, D. C., were on the brief for appellee Pan American Airways, Inc.

William Caverly, Washington, D. C., was on the brief for appellee Trans World Airlines, Inc.

James Francis Reilly, Washington, D. C., and Leo F. Tierney, Chicago, Ill., were on the brief for appellee United Air Lines, Inc.

Warren E. Miller, Washington, D. C., for intervenors Air Transport Associates, Inc., and Golden North Airways, Inc.

Before CLARK, PROCTOR and BAZELON, Circuit Judges.


BAZELON, Circuit Judge.

Appellant, an "irregular" or "non-scheduled" interstate air carrier, brought suit under the antitrust laws against appellees, who are regularly certificated air carriers, and their trade association. Alleging that appellees have combined and conspired to restrain and to monopolize the air-borne commerce of the United States by suppressing competition therein and by controlling the channels through which prices, terms and conditions thereof...

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