NORTH CENTRAL AIRLINES, INC. v. C. A. B.

No. 14947.

281 F.2d 18 (1960)

NORTH CENTRAL AIRLINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, State of Wisconsin, City of Marshfield, Wisconsin, City of Ashland, Wisconsin, Ozark Air Lines, Inc., Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided May 12, 1960.


Attorney(s) appearing for the Case

Mr. Emory N. Ellis, Jr., Washington, D. C., with whom Mr. A. L. Wheeler, Washington, D. C., was on the brief, for petitioner.

Mr. Morris Chertkov, Atty., Civil Aeronautics Board, with whom Messrs. Franklin M. Stone, Gen. Counsel, John H. Wanner, Deputy Gen. Counsel, and O. D. Ozment, Associate Gen. Counsel, Litigation and Research, Civil Aeronautics Board, and Richard A. Solomon, Atty., Dept. of Justice, were on the brief, for respondent.

Mr. John H. Bowers, of the Bar of the Supreme Court of Wisconsin, Madison, Wis., pro hac vice, by special leave of the Court, with whom Mr. William E. Torkelson, Madison, Wis., was on the brief, for intervenor, State of Wisconsin. Mr. John J. Schlick, Washington, D. C., also entered an appearance for intervenor State of Wisconsin.

Messrs. Ellsworth C. Alvord, John H. Doyle, and John J. Schlick, Washington, D. C., were on the brief for intervenors City of Ashland, Wis., and City of Marshfield, Wis.

Mr. L. Alton Denslow, Washington, D. C., was on the brief of intervenor Ozark Air Lines, Inc.

Before Mr. Justice REED, retired, and FAHY, and DANAHER, Circuit Judges.


Mr. Justice REED, sitting by designation.

The Civil Aeronautics Board issued Board Order E-13254, December 8, 1958, in its Seven States Area Investigation. On April 24, 1959, the Board's Order E-13787 denied petitioner's request for reconsideration and this appeal followed. No question as to the right of review arises.1

The Seven States Area Investigation, covering North and South Dakota, Minnesota, Iowa, Nebraska, Wisconsin and...

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