PAN AMERICAN WORLD AIRWAYS, INC. v. CIVIL AERONAUTICS BD.

Nos. 14497, 14506.

261 F.2d 754 (1958)

PAN AMERICAN WORLD AIRWAYS, Inc., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Seaboard and Western Airlines, Inc., Intervenor. TRANS WORLD AIRLINES, Inc., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Seaboard and Western Airlines, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Order Entered November 14, 1958.

Opinion Filed November 18, 1958.


Attorney(s) appearing for the Case

Mr. Elihu Schott, of the bar of the Court of Appeals of New York, New York City, pro hac vice, by special leave of court, with whom Messrs. Henry J. Friendly, New York City, and Robert C. Barnard, Washington, D. C., were on the brief, for petitioner in No. 14497.

Mr. Henry P. Bevans, of the bar of the Court of Appeals of New York, New York City, pro hac vice, by special leave of Court, with whom Messrs. George A. Spater, New York City, William Caverly, Washington, D. C., and Charles Pickett, New York City, were on the brief, for petitioner in No. 14506.

Mr. O. D. Ozment, Asst. Gen. Counsel, Litigation and Research, Civil Aeronautics Board, with whom Messrs. Franklin M. Stone, Gen. Counsel, Civil Aeronautics Board, John H. Wanner, Associate Gen. Counsel, Civil Aeronautics Board, and Henry Geller, Atty., Dept. of Justice, were on the brief, for respondent.

Mr. Morris Chertkov, Asst. Chief, Litigation and Research, Civil Aeronautics Board, and Mr. Daniel M. Friedman, Atty., Dept. of Justice, also entered appearances for respondent.

Mr. Hardy K. Maclay, Washington, D. C., with whom Mr. Walter D. Hansen, Washington, D. C., was on the brief, for intervenor.

Before PRETTYMAN, Chief Judge, and WILBUR K. MILLER and BURGER, Circuit Judges.


BURGER, Circuit Judge.

On May 16, 1958, the Civil Aeronautics Board granted Seaboard and Western Airlines, Inc.1 (intervenor) an exemption under § 416(b) of the Civil Aeronautics Act, 52 Stat. 1004 (1938), 49 U.S.C.A. § 496(b). This grant permits Seaboard to carry United States mail across the Atlantic while the Board considers and determines Seaboard's application for certificate of...

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