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LEE v. CIVIL AERONAUTICS BOARD

No. 12433.

225 F.2d 950 (1955)

F. B. LEE, Administrator of Civil Aeronautics, Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Lewis H. Brubaker and Charles E. Olsen, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided June 9, 1955.

Attorney(s) appearing for the Case

Mr. Robert P. Boyle, Gen. Counsel, Civil Aeronautics Administration, for petitioner. Mr. Sherman O. Morris, Atty., Civil Aeronautics Administration, also entered an appearance for petitioner.

Mr. O. D. Ozment, Atty., Civil Aeronautics Board, with whom Messrs. Emory T. Nunneley, Jr., Gen. Counsel, Civil Aeronautics Board, at time record was filed, John H. Wanner, Associate Gen. Counsel, Civil Aeronautics Board, and James L. Highsaw, Jr., Chief, Litigation and Research Division, Civil Aeronautics Board, were on the brief, for respondent. Mr. Franklin M. Stone, Gen. Counsel, Civil Aeronautics Board, also entered an appearance for respondent.

Mr. Robert L. Stern, Chicago, Ill., with whom Messrs. Leo F. Tierney, Chicago, Ill., and James Francis Reilly, Washington, D. C., were on the brief, for intervenors. Mr. Joseph A. Reilly, Washington, D. C., also entered an appearance for intervenors.

Mr. Lloyd Fletcher, Jr., filed a brief on behalf of Air Line Pilots Association, International, as amicus curiae, urging affirmance.

Before EDGERTON, PRETTYMAN, and FAHY, Circuit Judges.

EDGERTON, Circuit Judge.

The Administrator of Civil Aeronautics seeks review of the Civil Aeronautics Board's dismissal of complaints in which he asked the Board to suspend, for violation of Civil Air Regulations, the certificates of certain pilots. Section 1006 (a) of the Civil Aeronautics Act of 1938, as amended,1 authorizes a court of appeals to review an order of the Board upon petition of "any person disclosing a

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