FRONTIER AIRLINES, INC. v. CIVIL AERONAUTICS BOARD

No. 14232.

259 F.2d 808 (1958)

FRONTIER AIRLINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Bonanza Air Lines, Inc., Western Air Lines, Inc., City of Phoenix, Arizona, City and County of Denver, Colorado, The Town of Farmington, New Mexico, et al., Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided June 26, 1958.

Petition for Rehearing Denied August 20, 1958.


Attorney(s) appearing for the Case

Mr. Jerrold Scoutt, Jr., Washington, D. C., with whom Messrs. Harry A. Bowen, Raymond J. Rasenberger and Scott C. Whitney, Washington, D. C., were on the brief, for petitioner.

Mr. O. D. Ozment, Asst. Gen. Counsel, Litigation and Research, Civil Aeronautics Bd., with whom Mr. Franklin M. Stone, Gen. Counsel, Civil Aeronautics Bd., Mr. John H. Wanner, Associate Gen. Counsel, Civil Aeronautics Bd., and Mr. Daniel M. Friedman, Atty., Dept. of Justice, Washington, D. C., were on the brief, for respondent.

Mr. William C. Burt, Washington, D. C., with whom Messrs. Robert Matthew Beckman and Albert F. Grisard, Washington, D. C., were on the brief, for intervenor Bonanza Air Lines, Inc.,

Mr. James F. Bell, Washington, D. C., with whom Messrs. L. Welch Pogue, Philip A. Fleming, Washington, D. C., and John W. Simpson, Los Angeles, Cal., were on the brief, for intervenor Western Air Lines, Inc.

Mr. Berl I. Bernhard, Washington, D. C., for intervenor City of Phoenix, Ariz. Messrs. James M. Verner and William O. Turney, Washington, D. C., were on the brief for intervenor City of Phoenix, Ariz.

Mr. Brackley Shaw, Washington, D. C., for intervenor Town of Farmington, New Mex., and certain other intervenors.

Messrs. Gerald G. Schulsinger and James L. Kaler, Washington, D. C., entered appearances for intervenor City and County of Denver, Colo.

Before PRETTYMAN, Circuit Judge, MADDEN, Judge, United States Court of Claims, and FAHY, Circuit Judge.


PRETTYMAN, Circuit Judge.

This is a petition to review orders of the Civil Aeronautics Board awarding two airline routes. The facts, being in large part geographical and in large part economic, are difficult to state or to summarize.

The City of Phoenix, Arizona, petitioned the Board for improved air service, having in mind its "expanding economy as one of the leading tourist, industrial, educational, cultural, governmental and agricultural centers in the...

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