AMERICAN AIRLINES, INC. v. CIVIL AERONAUTICS BOARD

Nos. 13044, 13045, 13048, 13052, 13054, 13061, 13063, 13064, 13068, 13116-13118, 13120, 13121.

235 F.2d 845 (1956)

AMERICAN AIRLINES, Inc., Petitioner, National Airlines, Inc., Intervenor, v. CIVIL AERONAUTICS BOARD, Respondent, Capitol Airways, Inc., Quaker City Airways, Inc., Aircoach Transport Association, and Independent Military Air Transport Association, Intervenors. TRANS WORLD AIRLINES, Inc., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent. EASTERN AIR LINES, Inc., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent. PAN AMERICAN WORLD AIRWAYS, Inc., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent. DELTA AIR LINES, Inc., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent. UNITED AIR LINES, Inc., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent. CONTINENTAL AIR LINES, Inc., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent. NORTHWEST AIR LINES, Inc., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent. ALLEGHENY AIRLINES, Inc., et al., Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent. WESTERN AIR LINES, Inc., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent. CAPITAL AIRLINES, Inc., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent. BRANIFF AIRWAYS, Inc., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent. PACIFIC NORTHERN AIRLINES, Inc., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent. ABILENE & SOUTHERN RAILWAY COMPANY et al., Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided July 19, 1956.

Petitions for Rehearing Denied September 19, 1956.


Attorney(s) appearing for the Case

Mr. Howard C. Westwood, Washington, D. C., with whom Mr. Clifton J. Stratton, Jr., Washington, D. C., was on the brief for petitioner in No. 13044, argued for all petitioners and for intervenor National Airlines, Inc., in No. 13044. Mr. Richard A. Fitzgerald, Washington, D. C., was on the brief for intervenor National Airlines, Inc., in No. 13044.

Mr. John F. Floberg, Washington, D. C., for petitioners in No. 13068. Mr. Edward DeGrazia, Washington, D. C., also entered an appearance for petitioners in No. 13068.

Mr. J. D. Feeney, Jr., Chicago, Ill., with whom Messrs. Amos M. Mathews, Chicago, Ill., and Thormund A. Miller, Washington, D. C., were on the brief for petitioners in No. 13121.

Mr. James K. Crimmins, New York City, was on the brief for petitioner in No. 13045. Mr. William Caverly, Washington, D. C., also entered an appearance for petitioner in No. 13045. Mr. W. Glen Harlan, Atlanta, Ga., was on the brief for petitioner in No. 13048. Messrs. Henry J. Friendly, New York City, Robert C. Barnard and Leon Lipson, Washington, D. C., were on the brief for petitioner in No. 13052. Messrs. L. Welch Pogue and James F. Bell, Washington, D. C., were on the brief for petitioner in No. 13054. Mr. Robert L. Stern, Chicago, Ill., was on the brief for petitioner in No. 13061. Mr. James Francis Reilly, Washington, D. C., entered an appearance for petitioner in No. 13061. Messrs. C. Edward Leasure and Herman F. Scheurer, Jr., Washington, D. C., were on the brief for petitioners in Nos. 13063 and 13064. Messrs. L. Welch Pogue and James W. Callison, Washington, D. C., were on the brief for petitioner in No. 13116. Messrs. Robert B. Hankins and Macon M. Arthur, Washington, D. C., were on the brief for petitioner in No. 13117. Messrs. Hubert A. Schneider and B. Howell Hill, Jr., Washington, D. C., were on the brief for petitioner in No. 13118. Mr. Gerald P. O'Grady, Washington, D. C., was on the brief for petitioner in No. 13120.

Mr. O. D. Ozment, Chief, Litigation and Research Division, Civil Aeronautics Board, with whom Mr. Franklin M. Stone, General Counsel, Civil Aeronautics Board, Mr. John H. Wanner, Associate General Counsel, Civil Aeronautics Board, Messrs. Robert L. Park, Gerald F. Krassa and Henry M. Switkay, Attorneys, Civil Aeronautics Board, and Mr. Daniel M. Friedman, Attorney, Department of Justice, were on the brief, for respondent.

Mr. Albert F. Beitel, Washington, D. C., with whom Mr. John H. Pratt, Washington, D. C., was on the brief for intervenor Aircoach Transport Association, in No. 13044. Messrs. Albert F. Beitel and John H. Pratt, Washington, D. C., entered appearances for intervenor Quaker City Airways, Inc., in No. 13044.

Mr. Coates Lear, Washington, D. C., with whom Mr. Theodore I. Seamon, Washington, D. C., was on the brief for intervenor Independent Military Air Transport Association, in No. 13044. Messrs. Coates Lear and Theodore I. Seamon, Washington, D. C., entered appearances for intervenor Capitol Airways, Inc., in No. 13044.

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


PRETTYMAN, Circuit Judge.

These are petitions to review an order of the Civil Aeronautics Board.1 This order is the latest in a long series dealing with the problem of the non-scheduled or irregular air carriers. Petitioners are the certificated air carriers and certain railroads. The intervenors in behalf of the respondent are associations of irregular carriers. The respondent, of course, is the Civil Aeronautics Board. It is unnecessary...

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