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ALASKA AIRLINES v. CIVIL AERONAUTICS BOARD

Nos. 14192, 14193.

257 F.2d 229 (1958)

ALASKA AIRLINES, Inc., et al., Appellants, v. CIVIL AERONAUTICS BOARD et al., Appellees. AMERICAN AIRLINES, Inc., Appellant, v. CIVIL AERONAUTICS BOARD et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided June 20, 1958.

Attorney(s) appearing for the Case

Mr. John E. Stephen, Washington, D. C., with whom Mr. George S. Lapham, Jr., Washington, D. C., was on the brief, for appellants in No. 14192.

Mr. Daniel M. Gribbon, Washington, D. C., for appellant in No. 14193.

Mr. Robert L. Toomey, Attorney, Civil Aeronautics Board, with whom Messrs. Franklin M. Stone, General Counsel, Civil Aeronautics Board, John H. Wanner, Associate General Counsel, Civil Aeronautics Board, O. D. Ozment, Asst. General Counsel, Litigation and Research, Civil Aeronautics Board and Charles H. Weston, Chief, Appellate Section of the Antitrust Division, Department of Justice, were on the brief, for appellees. Mr. Morris Chertkov, Attorney, Civil Aeronautics Board, also entered an appearance for appellees.

Before EDGERTON, Chief Judge, and BAZELON and FAHY, Circuit Judges.

EDGERTON, Chief Judge.

The Civil Aeronautics Board's revised "Uniform System of Accounts and Reports for Air Carriers" determines the kinds of equipment for which depreciation may be taken, requires reserves for major overhauls of airframes, and requires cost of overhauls to be included in the value of aircraft. 21 Fed.Reg. 4435. Appellant air carriers filed in the District Court a complaint challenging these regulations on the ground that the

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