DELTA AIR LINES, INC. v. C. A. B.

Nos. 14798, 14804, 14812, 14822.

275 F.2d 632 (1959)

DELTA AIR LINES, INC., Petitioner v. CIVIL AERONAUTICS BOARD, Respondent, City of Nashville and The Nashville Chamber of Commerce, City of Tampa, Florida, and The Greater Tampa Chamber of Commerce, City of Kansas City, Missouri, City of St. Louis, Missouri, and The Chamber of Commerce of Metropolitan St. Louis, Trans World Airlines, Inc., Eastern Air Lines, Inc., Intervenors. AMERICAN AIRLINES, INC., Petitioner v. CIVIL AERONAUTICS BOARD, Respondent, City of Tampa, Florida, and The Greater Tampa Chamber of Commerce, City of Kansas City, Missouri, City of St. Louis, Missouri, and The Chamber of Commerce of Metropolitan St. Louis, Trans World Airlines, Inc., Eastern Air Lines, Inc., Intervenors. EASTERN AIR LINES, INC., Petitioner v. CIVIL AERONAUTICS BOARD, Respondent, City of Tampa, Florida, and The Greater Tampa Chamber of Commerce, City of Kansas City, Missouri, City of St. Louis, Missouri, and The Chamber of Commerce of Metropolitan St. Louis, Trans World Airlines, Inc., Delta Air Lines, Inc., Intervenors. NATIONAL AIRLINES, INC., Petitioner v. CIVIL AERONAUTICS BOARD, Respondent, City of Tampa, Florida, and The Greater Tampa Chamber of Commerce, City of Kansas City, Missouri, City of St. Louis, Missouri, and The Chamber of Commerce of Metropolitan St. Louis, Trans World Airlines, Inc., Intervenors.

United States Court of Appeals District of Columbia Circuit.

December 10, 1959.


Attorney(s) appearing for the Case

Mr. Joseph J. O'Connell, Jr., Washington, D. C., with whom Messrs. Robert Reed Gray and James W. Callison, Washington, D. C., were on the brief, for Delta Air Lines, Inc., petitioner in No. 14798 and intervenor in No. 14812.

Mr. Howard C. Westwood, Washington, D. C., with whom Messrs. Peter S. Craig and J. William Doolittle, Jr., Washington, D. C., were on the brief, for petitioner in No. 14804.

Mr. Harold L. Russell, Atlanta, Ga., with whom Messrs. E. Smythe Gambrell and W. Glen Harlan, Atlanta, Ga., were on the brief, for Eastern Air Lines, Inc., petitioner in No. 14812 and intervenor in Nos. 14798 and 14804.

Mr. Richard A. Fitzgerald, Washington, D. C., with whom Messrs. John W. Cross and Andrew T. A. MacDonald, Washington, D. C., were on the brief, for petitioner in No. 14822.

Mr. O. D. Ozment, Asst. Gen. Counsel, Litigation and Research, Civil Aeronautics Board, with whom Mr. Franklin M. Stone, General Counsel, Civil Aeronautics Board, Mr. John H. Wanner, Associate General Counsel, Civil Aeronautics Board, Mr. Robert L. Toomey, Attorney, Civil Aeronautics Board, and Mr. Richard A. Solomon, Attorney, Department of Justice, were on the brief, for respondent. Messrs. Monte Lazarus and Morris Chertkov, Attorneys, Civil Aeronautics Board, and Mr. Daniel M. Friedman, Attorney, Department of Justice, also entered appearances for respondent.

Mrs. Dorothy F. Fardon, Kansas City, Mo., with whom Messrs. Dick H. Woods, Kansas City, Mo., and J. Parker Connor, Washington, D. C., were on the brief, for intervenor City of Kansas City, Missouri.

Mr. Aloys P. Kaufmann, St. Louis, Mo., of the bar of the Supreme Court of Missouri, pro hac vice, by special leave of court, for intervenors City of St. Louis and Chamber of Commerce of Metropolitan St. Louis. Messrs. Hugh Lynch, Jr., Charles E. Channing, Jr., and Edward J. Gorman, Jr., Washington, D. C., also entered appearances for intervenors City of St. Louis, Missouri, and Chamber of Commerce of Metropolitan St. Louis.

Mr. James K. Crimmins, New York City, with whom Mr. Warren E. Baker, Washington, D. C., was on the brief, for intervenor Trans World Airlines, Inc. Mr. William Caverly, Washington, D. C., also entered an appearance for intervenor Trans World Airlines, Inc.

Mr. Robert E. Redding, Silver Spring, Md., was on the brief for intervenors City of Nashville and Nashville Chamber of Commerce in No. 14798.

Mr. Ralph A. Marsicano, Tampa, Fla., entered an appearance for intervenors City of Tampa, Florida, and the Greater Tampa Chamber of Commerce.

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


PRETTYMAN, Chief Judge.

These are four petitions for review of orders of the Civil Aeronautics Board made in its St. Louis-Southeast Service Case. Principally the Board awarded to Trans World Airlines, Inc. (TWA) a new route from St. Louis to Miami and other Florida coast points, and to Delta Air Lines, Inc., a new Memphis-Birmingham route.

The cases in this court fall into two main parts, one relating to each of the above-mentioned awards. The discussion...

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