BRANIFF AIRWAYS, INCORPORATED v. CIVIL AERONAUTICS BOARD

No. 15003.

277 F.2d 334 (1960)

BRANIFF AIRWAYS, INCORPORATED, Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, City of Lubbock, Texas, and Lubbock Chamber of Commerce, Continental Air Lines, Inc., City of Dallas, Texas, and Dallas Chamber of Commerce, and City of Amarillo, Texas, and Amarillo Chamber of Commerce, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided March 11, 1960.

Petition for Rehearing Denied April 6, 1960.


Attorney(s) appearing for the Case

Mr. Hubert A. Schneider, Washington, D. C., with whom Mr. B. Howell Hill, Jr., Washington, D. C., was on the brief, for petitioner.

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

Mr. Donald L. Rushford, Washington, D. C., for intervenor Continental Air Lines. Mr. C. Edward Leasure, Washington, D. C., was on the brief for intervenor Continental Air Lines.

Messrs. Henry P. Kucera and George S. Terry, Dallas, Tex., were on the brief for intervenors City of Dallas, Texas, Dallas Chamber of Commerce, City of Amarillo, Texas, and Amarillo Chamber of Commerce.

Messrs. Edward P. Morgan and Harold E. Mott, Washington, D. C., entered appearances for intervenors City of Lubbock, Texas, and Lubbock Chamber of Commerce.

Before PRETTYMAN, Chief Judge, and EDGERTON and FAHY, Circuit Judges.


EDGERTON, Circuit Judge.

Braniff Airways, Inc., (Braniff) challenges orders of the Civil Aeronautics Board of February 12 and March 23, 1959, in the Dallas to the West Service Case, insofar as they authorize Continental Air Lines, Inc. (Continental) to duplicate Braniff's non-stop service between the cities of Dallas and Amarillo, Texas. Continental already held a certificate for multi-stop service between those cities...

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