AMERICAN AIRLINES v. CIVIL AERONAUTICS BOARD

Nos. 12688, 12692, 12693, 12696.

231 F.2d 483 (1956)

AMERICAN AIRLINES, Inc., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Slick Airways, Inc., The Flying Tiger Line, Inc., Intervenors. TRANS WORLD AIRLINES, Inc., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Slick Airways, Inc., Riddle Airlines, Inc., The Flying Tiger Line, Inc., Intervenors. EASTERN AIR LINES, Inc., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Slick Airways, Inc., Riddle Airlines, Inc., The Flying Tiger Line, Inc., Intervenors. UNITED AIR LINES, Inc., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Slick Airways, Inc., Riddle Airlines, Inc., The Flying Tiger Line, Inc., Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided February 9, 1956.

Petition for Rehearing Denied March 8, 1956.


Attorney(s) appearing for the Case

Messrs. Howard C. Westwood, Washington, D. C., and Robert L. Stern, with whom Messrs. James Francis Reilly and Peter S. Craig, Washington, D. C., were on the brief, for petitioners in Nos. 12,688 and 12,696. Mr. John W. Douglas, New York City, also entered an appearance for petitioner in No. 12,688.

Messrs. William Caverly, Washington, D. C., E. Smythe Gambrell and W. Glen Harlan, Atlanta, Ga., filed a brief on behalf of petitioners in Nos. 12,692 and 12,693. Mr. James K. Crimmins, New York City, also entered an appearance for petitioner in No. 12,692.

Mr. O. D. Ozment, Chief, Litigation and Research Division, Civil Aeronautics Board, with whom Messrs. Franklin M. Stone, Gen. Counsel, Civil Aeronautics Board, and John H. Wanner, Associate Gen. Counsel, Civil Aeronautics Board, were on the brief, for respondent. Mr. Charles H. Weston, Atty., Department of Justice, also entered an appearance for respondent.

Mr. Robert J. Corber, Washington, D. C., with whom Mr. William E. Miller, Washington, D. C., was on the brief, for intervenor Slick Airways, Inc., in all cases.

Mr. Elmer E. Batzell, Washington, D. C., with whom Mr. Tobias J. Berman, Washington, D. C., was on the brief, for intervenor Flying Tiger Line, Inc., in all cases.

Mr. James L. Highsaw, Jr., Washington, D. C., entered an appearance for intervenor Riddle Airlines, Inc., in Nos. 12,692, 12,693 and 12,696.

Before EDGERTON, Chief Judge, and PRETTYMAN and BASTIAN, Circuit Judges.


BASTIAN, Circuit Judge.

Petitioners are air carriers who hold certificates of public convenience and necessity authorizing the transportation of mail, and who transport so-called "surface mail" under an experiment1 now being conducted by the Postmaster General.

Shortly after the announcement of the surface mail program, numerous non-certificated air carriers, together with Slick, Flying Tiger and Riddle (present intervenors), who...

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