SUMMERFIELD v. CIVIL AERONAUTICS BOARD

Nos. 11259, 11324.

207 F.2d 200 (1953)

SUMMERFIELD, Postmaster General et al. v. CIVIL AERONAUTICS BOARD. WESTERN AIR LINES, Inc. v. CIVIL AERONAUTICS BOARD.

United States Court of Appeals for the District of Columbia Circuit.

Decided May 4, 1953.

Writ of Certiorari Granted October 12, 1953.


Attorney(s) appearing for the Case

Mr. Daniel M. Friedman, Special Asst. to the Atty. Gen., Department of Justice, pro hac vice, by special leave of Court, with whom Mr. Newell A. Clapp, Acting Asst. Atty. Gen., Department of Justice, was on the brief, for petitioners in No. 11259. Mr. Charles H. Weston, Chief, Appellate Section of the Antitrust Division, Department of Justice and Mr. William E. Kirk, Jr., Asst. U. S. Atty., Washington, D. C., at the time of argument, also entered appearances in behalf of the petitioners in No. 11259.

Mr. Hugh W. Darling, Los Angeles, Cal., for petitioner in No. 11324. Mr L. Welch Pogue, Washington, D. C., also entered an appearance in behalf of petitioner in No. 11324.

Mr. O. D. Ozment, 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. Mr. John H. Wanner, Associate General Counsel, Civil Aeronautics Board, Washington, D. C., also entered an appearance in behalf of respondent.

Before PRETTYMAN, PROCTOR and BAZELON, Circuit Judges.


Writ of Certiorari Granted October 12, 1953. See 74 S.Ct. 49.

PRETTYMAN, Circuit Judge.

These cases concern orders of the Civil Aeronautics Board which fixed the compensation of Western Air Lines for the transportation of mail from May, 1944, through December, 1948. The dispute revolves about Section 406 of the Civil Aeronautics Act.1 The proper treatment of several matters is involved.

Principally the petitions concern...

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