PAN AMERICAN WORLD AIRWAYS v. CIVIL AERONAUTICS BD.

No. 13817.

256 F.2d 711 (1958)

PAN AMERICAN WORLD AIRWAYS, Inc., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided May 22, 1958.


Attorney(s) appearing for the Case

Mr. Henry J. Friendly, New York City, with whom Mr. Robert C. Barnard, Washington, D. C., was on the brief, for petitioner.

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

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


EDGERTON, Chief Judge.

Northwest flies a short route between Seattle and Tokyo. Pan American, under its certificate from the Civil Aeronautics Board, flies a much longer route, via Hawaii, between San Francisco and Tokyo. The Board fixed the same "service" rate, computed on the basis of the shorter Northwest mileage, to be paid by the Postmaster General for carrying mail to and from Tokyo by either route. Pan American contends this equalized rate fails to meet the...

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