RAILWAY EXPRESS AGENCY v. CIVIL AERONAUTICS BOARD

No. 13375.

243 F.2d 422 (1957)

RAILWAY EXPRESS AGENCY, Incorporated, a corporation, Petitioner v. CIVIL AERONAUTICS BOARD, Respondent, Flying Tiger Line, Inc., Intervenor, United Parcel Service-Air, Inc., Intervenor, American Airlines, Inc., Intervenor, Shulman, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided March 28, 1957.


Attorney(s) appearing for the Case

Mr. John E. Powell, Washington, D. C., with whom Messrs. Arthur P. Drury and John M. Lynham, Washington, D. C., were on the brief, for petitioner.

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

Mr. Elmer E. Batzell, Washington, D. C., with whom Mr. Norman L. Meyers, Washington, D. C., was on the brief, for intervenor, Flying Tiger Line, Inc.

Mr. Edgar F. Czarra, Jr., Washington, D. C., with whom Messrs. Howard C. Westwood and Peter S. Craig, Washington, D. C., were on the brief, for intervenor, American Airlines, Inc.

Mr. John A. Kendrick, Washington, D. C., for intervenor, Shulman, Inc.

Messrs. William C. Burt and Alan Y. Naftalin, Washington, D. C., entered appearances for intervenor, United Parcel Service-Air, Inc.

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


FAHY, Circuit Judge.

Railway Express Agency, Inc., petitions for review of an order of the Civil Aeronautics Board of April 13, 1956. The order prescribed minimum rates "only for a period of one year" for a service known as "deferred air freight." Deferred air freight is defined as property received for interstate transportation by air on a space-available basis after accommodation of all other revenue traffic. Property so transported is not released to the consignee...

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