NORTH AMERICAN AIRLINES v. CIVIL AERONAUTICS BOARD

No. 13053.

241 F.2d 445 (1957)

NORTH AMERICAN AIRLINES, Inc. et al., Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent, American Airlines, Inc., Intervenor, Trans World Airlines, Inc., Intervenor, Continental Air Lines, Inc., Intervenor, City of Kansas City, Missouri, Intervenor, United Air Lines, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided January 17, 1957.


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, John H. Wanner, Associate Gen. Counsel, O. D. Ozment, Chief, Litigation and Research Division, Gerald F. Krassa, Atty., Civil Aeronautics Board, and Daniel M. Friedman, Atty., Department of Justice, were on the brief, 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. Ernest W. Jennes and John W. Douglas, Washington, D. C., were on the brief for intervenor American Airlines, Inc. Mr. Howard C. Westwood, Washington, D. C., also entered an appearance for intervenor American Airlines, Inc.

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

Messrs. Charles S. Rhyne and J. Parker Connor, Washington, D. C., entered appearances for intervenor City of Kansas City, Missouri.

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

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


EDGERTON, Chief Judge.

The Denver Service Case, one of the Civil Aeronautics Board's major area proceedings dealing with proposals for new or improved air service, originated with an application of Trans World Airlines, filed in 1945, to add Denver to its transcontinental routes. A prehearing conference, in which the present petitioners did not participate, was held February 24, 1953. On April 3, 1953, petitioners, who are three large irregular air carriers and their...

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