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TRANS WORLD AIRLINES v. CIVIL AERONAUTICS BOARD

Nos. 12582, 13363.

254 F.2d 90 (1958)

TRANS WORLD AIRLINES, Inc., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided January 23, 1958.

As Amended March 17, 1958.

Petition for Rehearing Denied March 17, 1958.

Attorney(s) appearing for the Case

Mr. Charles Pickett, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of Court, with whom Mr. George A. Spater, New York City, was on the brief, for petitioner. Mr. William Caverly, Washington, D. C., also entered an appearance for petitioner.

Mr. Robert L. Park, Atty., Civil Aeronautics Bd., with whom Mr. Franklin M. Stone, Gen. Counsel, Civil Aeronautics Bd., Messrs. John H. Wanner and O. D. Ozment, Associate Gen. Counsel, Civil Aeronautics Bd., and Mr. Daniel M. Friedman, Atty., Dept. of Justice, were on the brief, for respondent. Mr. Charles H. Weston, Atty., Dept. of Justice, also entered an appearance for respondent in No. 12582.

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

PRETTYMAN, Circuit Judge.

This is a mail pay case. Under a statute Trans World Airlines, Inc., was entitled to compensation for transporting mail, the amount to be fixed by the Civil Aeronautics Board under statutory standards and directions. The Postmaster General was a party to the proceeding, protagonist of the Government's interest as responsible for the carrying of the mail. A real dispute developed upon a number of items. Principal among these was the treatment...

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