AIRBORNE FREIGHT CORPORATION v. CIVIL AERONAUTICS BOARD

No. 13882.

257 F.2d 210 (1958)

AIRBORNE FREIGHT CORPORATION (a California corporation), Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, American Airlines, Inc., Shulman, Inc., Acme Air Cargo, Inc., United Air Lines, Inc., Trans World Airlines, Inc., Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided June 12, 1958.


Attorney(s) appearing for the Case

Mr. Louis P. Haffer, Washington, D. C., for petitioner and intervenor Acme Air Cargo, Inc.

Mr. Morris Chertkov, 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, William J. Dixon, Atty., Civil Aeronautics Board, and Daniel M. Friedman, Atty., Dept. of Justice, were on the brief, for respondent.

Mr. Peter S. Craig, Washington, D. C., with whom Mr. Howard C. Westwood, Washington, D. C., was on the brief, for intervenor American Airlines, Inc.

Mr. John A. Kendrick, Washington, D. C., for intervenor Shulman, Inc.

Mr. William O. Turney, Washington, D. C., was on the brief for intervenor Acme Air Cargo, Inc.

Mr. James Francis Reilly, Washington, D. C., entered an appearance for intervenor United Air Lines, Inc.

Mr. William Caverly, Washington, D. C., entered an appearance for intervenor Trans World Airlines, Inc.

Messrs. Russell S. Bernhard, John E. Stephen and George S. Lapham, Jr., Washington, D. C., filed a brief on behalf of Air Transport Ass'n of America as amicus curiae urging affirmance.


On Petition for Rehearing.

Before EDGERTON, Chief Judge, and PRETTYMAN and BASTIAN, Circuit Judges.

EDGERTON, Chief Judge.

On March 18, 1957, after a rule-making proceeding in which it had previously reached different conclusions, the Civil Aeronautics Board decided that § 404(a) of the Civil Aeronautics Act, 52 Stat. 993, 49 U.S.C.A. § 484(a), does not contemplate establishment of "joint rates" by airlines and freight forwarders; that...

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