NORTH AMERICAN AIRLINES v. CIVIL AERONAUTICS BOARD

No. 12942.

237 F.2d 209 (1956)

NORTH AMERICAN AIRLINES, Inc., et al., Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent, Northwest Airlines, Inc., Intervenor, Capital Airlines, Inc., Intervenor, Detroit Aviation Commission of the City of Detroit, Intervenor, Trans World Airlines, Inc., Intervenor, United Air Lines, Inc., Intervenor, American Airlines, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided September 13, 1956.

Petition for Rehearing Denied October 23, 1956.


Attorney(s) appearing for the Case

Mr. William C. Burt, Washington, D. C., with whom Mr. Hardy K. Maclay, Washington, D. C., was on the brief, for petitioners.

Mr. Robert L. Park, Atty., Civil Aeronautics Board, with whom Messrs. 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, Henry M. Switkay, Atty., Civil Aeronautics Board, and Daniel M. Friedman, Atty., Department of Justice, were on the brief, for respondent. Mr. Charles H. Weston, Chief, Appellate Section of Antitrust Division, Department of Justice, also entered an appearance for respondent.

Mr. James K. Crimmins, New York City, for intervenor Trans World Airlines, Inc. Mr. William Caverly, Washington, D. C., also entered an appearance for intervenor Trans World Airlines, Inc.

Messrs. C. Edward Leasure and Herman F. Scheurer, Jr., Washington, D. C., were on the brief for intervenor Northwest Airlines, Inc.

Mr. James Francis Reilly, Washington, D. C., was on the brief for intervenor United Air Lines, Inc.

Messrs. Ernest W. Jennes and Edgar F. Czarra, Jr., Washington, D. C., were on the brief for intervenor American Airlines, Inc. Mr. Alfred V. J. Prather, Washington, D. C., also entered an appearance for intervenor American Airlines, Inc.

Messrs. William Alonzo Carter, Robert B. Hankins, and Macon M. Arthur, Washington, D. C., entered appearances for intervenor Capital Airlines, Inc.

Messrs. Charles S. Rhyne and J. Parker Connor, Washington, D. C., entered appearances for intervenor Detroit Aviation Commission of City of Detroit.

Before EDGERTON, Chief Judge, and WASHINGTON and DANAHER, Circuit Judges.


EDGERTON, Chief Judge.

Petitioners are three large irregular air carriers, a ticket agency, and partnerships that lease aircraft to the carriers and perform accounting and financial services for them. Petitioners and certain other large irregular air carriers have comprised "North American Airlines".1

Petitioners and other air carriers applied to the Civil Aeronautics Board for certificates authorizing them to furnish various new...

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