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EASTERN AIR LINES v. CIVIL AERONAUTICS BOARD

No. 13338.

247 F.2d 562 (1957)

EASTERN AIR LINES, Inc., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Continental Air Lines, Inc., Braniff Airways, Inc., American Airlines, Inc., Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided June 27, 1957.

Petition for Rehearing Denied October 9, 1957.

Attorney(s) appearing for the Case

Mr. W. Glen Harlan, Atlanta, Ga., with whom Messrs. E. Smythe Gambrell and Harold L. Russell, Atlanta, Ga., were on the brief, for petitioner.

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

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

Messrs. Hubert A. Schneider and B. Howell Hill, Jr., Washington, D. C., entered appearances for intervenor Braniff Airways, Inc.

Messrs. Ernest W. Jennes and Alfred V. J. Prather, Washington, D. C., entered appearances for intervenor American Airlines, Inc.

Before PRETTYMAN, BASTIAN and BURGER, Circuit Judges.

BURGER, Circuit Judge.

The proceeding which gave rise to this appeal is an outgrowth of an extensive and only recently completed Board investigation of through air service between points in the south, southwest and the west coast. See Southern Service to the West case, 12 C.A.B. 518 (1951), and supplemental orders thereto. It is unnecessary for our purposes to detail the numerous hearings and decisions involved in the long course of that proceeding. Suffice it to...

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