SOUTHEASTERN AVIATION, INC. v. C. A. B.

No. 15566.

283 F.2d 189 (1960)

SOUTHEASTERN AVIATION, INC., Petitioner v. CIVIL AERONAUTICS BOARD, Respondent, Lake Central Airlines, Inc., Southern Airways, Inc., Tennessee Aeronautics Commission, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided September 22, 1960.

Petition for Rehearing Denied October 17, 1960.


Attorney(s) appearing for the Case

Mr. Albert F. Beitel, Washington, D. C., and Mr. Ross Reid, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, for petitioner.

Mr. Robert L. Toomey, 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, Morris Chertkov, Attorney, Civil Aeronautics Board, and Richard A. Solomon, Attorney, Department of Justice, were on the brief, for respondent.

Mr. Cecil A. Beasley, Jr., Washington, D. C., with whom Messrs. R. J. Shortlidge, Jr., and John W. Kern, III, Washington, D. C., were on the brief, for intervenor Southern Airways, Inc.

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

Mr. Norman A. Flaningam, Washington, D. C., was on the brief for intervenor Tennessee Aeronautics Commission.

Before BAZELON, BASTIAN and BURGER, Circuit Judges.


BURGER, Circuit Judge.

Petitioner, Southeastern Aviation, Inc., ("Southeast") is a local intra-state airline certificated by the State of Tennessee. It is wholly owned and controlled by a trucking line, Mason and Dixon Lines, Inc. Intervenor, Southern Airways, Inc., is a federally certificated airline with extensive routes serving the southeastern part of the country. Southeast seeks review of an order of the Civil Aeronautics...

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