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CAPITAL AIRLINES, INC., v. C. A. B.

No. 15475.

281 F.2d 48 (1960)

CAPITAL AIRLINES, INC., Petitioner v. CIVIL AERONAUTICS BOARD, Respondent, City and Chamber of Commerce of Toledo, Ohio, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided July 11, 1960.

Attorney(s) appearing for the Case

Mr. Macon M. Arthur, Washington, D. C., with whom Messrs. Robert B. Hankins and James H. Bastian, Washington, D. C., were on the brief, for petitioner.

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

Mr. William C. Burt, Washington, D. C., for intervenor. Mr. Robert M. Beekman, Washington, D. C., also entered an appearance for intervenor.

Before BAZELON, WASHINGTON and BASTIAN, Circuit Judges.

BAZELON, Circuit Judge.

This case raises a new and important question in the administration of the Federal Aviation Act. It is the first proceeding in which the Civil Aeronautics Board has found a certified carrier's service to be inadequate and has ordered it to provide additional flights.1

The City and Chamber of Commerce of Toledo, Ohio, filed a joint complaint before the Board alleging...

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