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CIVIL AERONAUTICS BOARD v. FRIEDKIN AERONAUTICS

Nos. 14648, 14649.

246 F.2d 173 (1957)

CIVIL AERONAUTICS BOARD, Appellant, v. FRIEDKIN AERONAUTICS, Inc., d/b/a Pacific Southwest Airlines, Appellee. CIVIL AERONAUTICS BOARD, Appellant, v. CALIFORNIA CENTRAL AIRLINES, Inc., Appellee.

United States Court of Appeals Ninth Circuit.

June 17, 1957.

Attorney(s) appearing for the Case

Stanley N. Barnes, Asst. Atty. Gen., Daniel M. Friedman, Sp. Asst. to the Atty. Gen., Robert L. Griffith, Chief, Office of Compliance, John F. Wright, Compliance Atty., Franklin M. Stone, Gen. Counsel, John H. Wanner, Associate Gen. Counsel, O. D. Ozment, Chief, Litigation & Research Division, Robert L. Park, Atty., Civil Aeronautics Board, Washington, D. C., Laughlin E. Waters, U. S. Atty., Los Angeles, Cal., for appellant.

Lewis T. Gardiner, Meserve, Mumper & Hughes, Los Angeles, Cal., for appellee Friedkin Aeronautics, Inc.

Alfred C. Ackerson, Quittner & Stutman, Los Angeles, Cal., Perry H. Taft, Atherton, Cal., for appellee, California Central Airlines, Inc.

Before HEALY and FEE, Circuit Judges, and WALSH, District Judge.

WALSH, District Judge.

Appellant filed in the court below separate complaints against appellees charging that, in violation of Section 401(a) of the Civil Aeronautics Act of 1938, as amended,1 appellees had engaged in interstate air transportation2 without a certificate of public convenience and necessity. In each complaint, Section 1007 of the Act3 was invoked as authorizing

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