OUTLAND v. C. A. B.

No. 15489.

284 F.2d 224 (1960)

Truman OUTLAND et al., Petitioners v. CIVIL AERONAUTICS BOARD, Respondent Delta Airlines, Inc., Air Line Pilots Association, International, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided October 27, 1960.


Attorney(s) appearing for the Case

Mr. Philip F. Herrick, Washington, D. C., with whom Messrs. Merrill Armour and John B. Kneipple, Washington, D. C., were on the brief, for petitioners.

Mr. Robert L. Toomey, Attorney, Civil Aeronautics Board, for respondent. Messrs. Franklin M. Stone, General Counsel, Civil Aeronautics Board, John H. Wanner, Deputy General Counsel, Civil Aeronautics Board, O. D. Ozment, Associate General Counsel, Civil Aeronautics Board, Abbott A. Leban, Attorney, Civil Aeronautics Board, and Richard A. Solomon, Attorney, Department of Justice, were on the brief, for respondent.

Mr. R. Emmett Kerrigan, and Mr. Bernard Marcus, of Deutsch, Kerrigan and Styles, New Orleans, La., Mr. Richard S. Maurer, Atlanta, Ga., with whom Messrs. Frank F. Rox and James W. Callison, Atlanta, Ga., were on the brief, for intervenor Delta Airlines, Inc. Mr. Joseph J. O'Connell, of Chapman, Walsh & O'Connell, Washington, D. C., also entered an appearance for intervenor Delta Airlines, Inc.

Messrs. Stanley B. Frosh, Washington, D. C., and F. Harold Bennett, Chicago, Ill., were on the brief for intervenor Air Line Pilots Association, International.

Before WASHINGTON, BASTIAN and BURGER, Circuit Judges.


BURGER, Circuit Judge.

Petitioners, who are pilots now employed by Delta Airlines, seek review of an order of the Civil Aeronautics Board dated August 31, 1959, which dismissed without hearing petition "for Revision of and Protest Against Integrated Seniority List of Delta-C & S Air Lines, Inc." and of a later order dated November 2, 1959, denying reconsideration.

Pursuant to the Board's directive, the 177 pilots of C. & S. designated two representatives...

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