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AIRCOACH TRANSPORT ASS'N v. CIVIL AERONAUTICS BOARD

No. 14140.

255 F.2d 185 (1958)

AIRCOACH TRANSPORT ASSOCIATION, Inc., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided May 8, 1958.

Attorney(s) appearing for the Case

Mr. Albert F. Beitel, Washington, D. C., with whom Mr. John H. Pratt, Washington, D. C., was on the brief, for petitioner.

Mr. William J. Dixon, Atty., Civil Aeronautics Board, with whom Messrs. Franklin M. Stone, Gen. Counsel, Civil Aeronautics Board, John H. Wanner, Associate Gen. Counsel, Civil Aeronautics Board, O. D. Ozment, Asst. Gen. Counsel, Litigation and Research, Civil Aeronautics Board, Morris Chertkov, Ulrich V. Hoffmann, Attys., Civil Aeronautics Board, and Daniel M. Friedman, Atty., Dept. of Justice, were on the brief, for respondent.

Before WASHINGTON, BASTIAN and BURGER, Circuit Judges.

BASTIAN, Circuit Judge.

Petitioner, Aircoach Transport Association, Inc., is a cooperative association of approximately twenty-five air carriers. These carriers (and not petitioner) transport passengers and property on what are known as supplemental and infrequent schedules. Purporting to act on behalf of its members, petitioner filed with the Civil Aeronautics Board (Board) a petition to rescind § 42.6 of Part 42 of the Civil Air Regulations. None of the air...

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