NORTH CENTRAL AIRLINES, INC. v. CIVIL AERONAUTICS BD.

No. 14261.

265 F.2d 581 (1959)

NORTH CENTRAL AIRLINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Lake Central Airlines Employee Stockholder Group and Lake Central Airlines, Inc., Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided January 29, 1959.

Certiorari Denied June 8, 1959.


Attorney(s) appearing for the Case

Mr. A. L. Wheeler, Washington, D. C., and Mr. Marvin Klitsner, Milwaukee, Wis., of the bar of the Supreme Court of Appeals of Wisconsin, pro hac vice, by special leave of Court, for petitioner. Mr. Emory N. Ellis, Jr., Washington, D. C., also entered an appearance for petitioner.

Mr. Robert L. Toomey, Atty., Civil Aeronautics Board, with whom Mr. Franklin M. Stone, Gen. Counsel, Civil Aeronautics Board, Mr. John H. Wanner, Associate Gen. Counsel, Civil Aeronautics Board, Mr. O. D. Ozment, Asst. Gen. Counsel, Litigation and Research, Civil Aeronautics Board, Mr. Ulrich V. Hoffmann, Atty., Civil Aeronautics Board, and Mr. Daniel M. Friedman, Atty., Department of Justice, were on the brief, for respondent. Mr. Morris Chertkov, Atty., Civil Aeronautics Board, also entered an appearance for respondent.

Mr. James L. Highsaw, Jr., Washington, D. C., with whom Clarence M. Mulholland, Toledo, Ohio, and Edward J. Hickey, Jr., Washington, D. C., were on the brief, for intervenor Lake Central Airlines, Inc.

Mr. Albert F. Grisard, Washington, D. C., was on the brief for intervenor Lake Central Airlines Employee Stockholder Group.

Before PRETTYMAN, Chief Judge, and WILBUR K. MILLER and WASHINGTON, Circuit Judges.


Certiorari Denied June 8, 1959. See 79 S.Ct. 1285.

PRETTYMAN, Chief Judge.

This is an airline acquisition case, here on a petition to review an order of the Civil Aeronautics Board.1 North Central Airlines, Inc. (which for brevity and clarity we shall call merely "North") sought to acquire a majority of the stock of Lake Central Airlines, Inc. (which we shall call "Lake"). The dispute has been

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