SPRINGFIELD AIRPORT AUTHORITY v. C. A. B.

No. 15853.

285 F.2d 277 (1960)

SPRINGFIELD AIRPORT AUTHORITY et al., Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent, Ozark Air Lines, Inc. and American Airlines, Inc., Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided December 1, 1960.


Attorney(s) appearing for the Case

Mr. Lenox G. Cooper, Washington, D. C., with whom Messrs. Charles S. Rhyne and Charles A. Dukes, Jr., Washington, D. C., were on the brief, for petitioners.

Mr. Brice W. Rhyne, Washington, D. C., also entered an appearance for petitioners.

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

Mr. James M. Verner, Washington, D. C., for intervenor Ozark Air Lines, Inc.

Mr. J. William Doolittle, Jr., Washington, D. C., with whom Messrs. Howard C. Westwood and Alfred V. J. Prather, Washington, D. C., were on the brief, for intervenor American Airlines, Inc.

Before Mr. Justice BURTON, retired, and FAHY and BASTIAN, Circuit Judges.


FAHY, Circuit Judge.

The question presented is whether a hearing was required under the Federal Aviation Act to enable the Civil Aeronautics Board validly to authorize a temporary suspension of the service called for by an air carrier's certificate.1 The suspension order was made on the joint application of American Airlines, Inc., and Ozark Air Lines, Inc. It permits, but does not require, American temporarily to suspend service at Springfield...

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