AMERICAN OVERSEAS AIRLINES v. CIVIL AERONAUTICS BD.

No. 12579.

254 F.2d 744 (1958)

AMERICAN OVERSEAS AIRLINES, Inc., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided January 23, 1958.


Attorney(s) appearing for the Case

Mr. Elihu Schott, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of Court, with whom Messrs. Henry J. Friendly, New York City, and Robert C. Barnard, Washington, D. C., were on the brief, for petitioner. Messrs. Leon Lipson and J. W. Lamberton, Washington, D. C., also entered appearances for petitioner.

Mr. Robert L. Park, Atty., Civil Aeronautics Board, with whom Mr. Franklin M. Stone, General Counsel, Civil Aeronautics Board, Messrs. John H. Wanner and O. D. Ozment, Associate General Counsel, Civil Aeronautics Board, and Mr. Daniel M. Friedman, Atty., Department of Justice, were on the brief, for respondent. Mr. Charles H. Weston, Atty., Department of Justice, also entered an appearance for respondent.

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


PRETTYMAN, Circuit Judge.

This is a mail pay case. The Civil Aeronautics Board, pursuant to Section 406 of the Civil Aeronautics Act of 1938,1 established the amount of compensation to be paid American Overseas Airlines, Inc., for carrying mail for the period January 1, 1946, through September 25, 1950. On this latter date American Overseas was purchased by Pan American World Airways, Inc., and ceased operations. The points presented by...

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