SUMMERFIELD, Postmaster General, et al.
v.
CIVIL AERONAUTICS BOARD et al.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued December 5, 1952.
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. Newall A. Clapp, Acting Asst. Atty. Gen., Department of Justice, was on the brief, for petitioners. Messrs. Charles H. Weston, Chief, Appellate Section of the Antitrust Division, Department of Justice, and William E. Kirk, Jr., Asst. U. S. Atty., Washington, D. C., at the time of argument, also entered appearances in behalf of the petitioners. Mr. H. Graham Morison, Asst. Atty. Gen. at the time the record was filed, also entered an appearance in behalf of the petitioners.
Mr. O. D. Ozment, Attorney, Civil Aeronautics Board, Washington, D. C., with whom Mr. John H. Wanner, Acting General Counsel, Civil Aeronautics Board, Washington, D. C., was on the brief, for respondent. Mr. Emory T. Nunneley, Jr., General Counsel, Civil Aeronautics Board, Washington, D. C., also entered an appearance in behalf of the respondent.
Mr. William A. Roberts, Washington, D. C., with whom Messrs. Harold A. Kertz, James E. Wilson and Mrs. Irene Kennedy, Washington, D. C., were on the brief, for the intervenor, Chicago and Southern Air Lines, Inc.
Before PRETTYMAN, PROCTOR and BAZELON, Circuit Judges.
United States Court of Appeals District of Columbia Circuit.
Writ of Certiorari Granted October 12, 1953. See 74 S.Ct. 48.
PROCTOR, Circuit Judge.
This case is before us to review an order of the Civil Aeronautics Board fixing mail pay rates for Chicago and Southern Air Lines' Latin American routes.1
In July, 1948, the Board fixed final rates for the carrier's domestic routes. These included a prospective rate commencing January 1, 1948, estimated to yield a net return, after taxes...
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