LAKE CENTRAL AIRLINES v. CIVIL AERONAUTICS BOARD

No. 12665.

239 F.2d 46 (1956)

LAKE CENTRAL AIRLINES, Inc., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, American Airlines, Inc., Intervenor, North Central Airlines, Inc., Intervenor, City of Kalamazoo, Michigan, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided November 8, 1956.


Attorney(s) appearing for the Case

Mr. James L. Highsaw, Jr., Washington, D. C., with whom Mr. Albert F. Grisard, Washington, D. C., was on the brief, for petitioner.

Mr. Henry W. Switkay, Atty., Civil Aeronautics Board, for respondent.

Messrs. Stanley N. Barnes, Asst. Atty. Gen., at time brief was filed, Franklin M. Stone, Gen. Counsel, Civil Aeronautics Board, John H. Wanner, Associate Gen. Counsel, Civil Aeronautics Board, O. D. Ozment, Chief, Litigation and Research Division, Civil Aeronautics Board, Gerald F. Krassa, Atty., Civil Aeronautics Board, and Daniel M. Friedman, Atty., Dept. of Justice, were on the brief for respondent.

Mr. Charles H. Weston, Atty., Dept. of Justice, also entered an appearance for respondent.

Messrs. Ernest W. Jennes and John W. Douglas, Washington, D. C., entered appearances for intervenor, American Airlines, Inc.

Mr. A. L. Wheeler, Washington, D. C., with whom Mr. Gregory Hankin, Washington, D. C., was on the brief, for intervenor North Central Airlines, Inc.

Mr. Charles S. Rhyne, Washington, D. C., with whom Mr. J. Parker Connor, Washington, D. C., was on the brief, for intervenor City of Kalamazoo, Michigan.

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


FAHY, Circuit Judge.

Lake Central Airlines, Inc., pursuant to 52 Stat. 1024 (1938), as amended, 49 U.S.C. § 646(a) (1952), 49 U.S.C.A. § 646(a), and 60 Stat. 243 (1946), 5 U.S.C. § 1009(a) (1952), 5 U.S.C.A. § 1009(a), petitions for review of orders of the Civil Aeronautics Board dated February 28 and April 22 and 27, 1955. North Central Airlines, Inc., American Airlines, Inc., and the City of Kalamazoo have intervened in support of the Board....

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