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NORTHWEST AIRLINES v. CIVIL AERONAUTICS BOARD

No. 10785.

194 F.2d 339 (1952)

NORTHWEST AIRLINES, Inc. v. CIVIL AERONAUTICS BOARD.

United States Court of Appeals District of Columbia Circuit.

Decided January 18, 1952.

Attorney(s) appearing for the Case

Herman F. Scheurer, Jr., Washington, D. C., with whom C. Edward Leasure, Washington, D. C., was on the brief, for petitioner.

Oral Dee Ozment, Attorney, Civil Aeronautics Board, Washington, D. C., with whom Asst. Atty. Gen. H. G. Morison and Emory T. Nunneley, Jr., General Counsel, Civil Aeronautics Board, and John H. Wanner, Associate General Counsel, Civil Aeronautics Board, Washington, D. C., were on the brief, for respondent. Charles H. Weston and Joe F. Nowlin, Attorneys, Department of Justice, and Warren L. Sharfman, Attorney, Civil Aeronautics Board, all of Washington, D. C., also entered appearances for respondent.

Before WILBUR K. MILLER, PROCTOR and FAHY, Circuit Judges.

WILBUR K. MILLER, Circuit Judge.

In its Docket No. 3469, a proceeding which it instituted of its own initiative on August 26, 1948, the Civil Aeronautics Board entered an order on May 5, 1950, granting to Capital Airlines a certificate to operate nonstop flights between Cleveland and New York. The application of Northwest Airlines for such authority, filed September 4, 1945, had not been heard or considered by the Board when it certificated Capital and, for that reason...

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