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WESTERN AIR LINES v. CIVIL AERONAUTICS BOARD

No. 12867.

194 F.2d 211 (1952)

WESTERN AIR LINES, Inc. v. CIVIL AERONAUTICS BOARD.

United States Court of Appeals Ninth Circuit.

January 31, 1952.

Attorney(s) appearing for the Case

Guthrie, Darling & Shattuck, Los Angeles, Cal., for petitioner.

H. G. Morison, Asst. Atty. Gen., J. Roger Wollenberg, Sp. Asst. to Atty. Gen., John H. Wanner, Acting Gen. Counsel, James L. Highsaw, Jr., Chief, Litigation & Research Division, O. D. Ozment and Charles H. Resnick, Attys., Civil Aeronautics Board, Washington, D. C., for respondent.

Edward J. Hickey, Jr., Washington, D. C., Richard R. Lyman, Clarence M. Mulholland, Toledo, Ohio (Mulholland, Robie & Hickey, Toledo, Ohio, of counsel), for intervening respondent Brotherhood of Railway & S. S. Clerks.

Dana, Bledsoe & Smith, San Francisco, Cal., Joseph W. Rogers, Jr., San Francisco, Cal. (John B. Lampe, Chicago, Ill., of counsel), for Air Line Pilots, as amicus curiae.

Before MATHEWS, HEALY, and POPE, Circuit Judges.

HEALY, Circuit Judge.

Western Air Lines seeks review of two orders of the Civil Aeronautics Board retrospectively imposing labor protective provisions as a condition to the transfer by Western to United Air Lines of a certificate of public convenience and necessity for operation between Los Angeles and Denver (Route 68), and of various properties incident to the route.1

The original proceeding, begun before the Board in 1947, involved...

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