UNITED AIR LINES, INC. v. C. A. B.

Nos. 15025, 15027, 15032, 15034, 15035, 15045, 15047, 15050, 15051.

278 F.2d 446 (1960)

UNITED AIR LINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent. Modern Air Transport, Inc., Quaker City Airways, Inc., All American Airways, Inc., et al., Intervenors. EASTERN AIR LINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent. Quaker City Airways, Inc., Modern Air Transport, Inc., All American Airways, Inc., et al., Intervenors. PAN AMERICAN WORLD AIRWAYS, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent. Quaker City Airways, Inc., Modern Air Transport, Inc., All American Airways, Inc., et al., Intervenors. ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY et al., Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent. Modern Air Transport, Inc., Supplemental Air Carrier Conference, United States Overseas Airlines, Inc., Quaker City Airways, Inc., All American Airways, Inc., et al., Intervenors. TRANS WORLD AIRLINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent. Quaker City Airways, Inc., United States Overseas Airlines, Inc., Supplemental Air Carrier Conference, Modern Air Transport, Inc., All American Airways, Inc., et al., Intervenors. AMERICAN AIRLINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent. Quaker City Airways, Inc., United States Overseas Airlines, Inc., Supplemental Air Carrier Conference, Modern Air Transport, Inc., All American Airways, Inc., et al., Intervenors. DELTA AIR LINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent. Quaker City Airways, Inc., Modern Air Transport, Inc., All American Airways, Inc., et al., Intervenors. NORTHWEST AIRLINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent. Modern Air Transport, Inc., Quaker City Airways, Inc., All American Airways, Inc., et al., Intervenors. NATIONAL AIRLINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent. Modern Air Transport, Inc., Quaker City Airways, Inc., All American Airways, Inc., et al., Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided April 7, 1960.


Attorney(s) appearing for the Case

Mr. Robert L. Stern, Chicago, Ill., with whom Mr. William M. Dickson was on the brief for petitioner in No. 15025, argued for all petitioners. Mr. James Francis Reilly, Washington, D. C., also entered an appearance for petitioner in No. 15025.

Mr. E. Smythe Gambrell, Atlanta, Ga., was on the brief for petitioner in No. 15027.

Messrs. Robert C. Barnard, Washington, D. C., and John C. Pirie, New York City, were on the brief for petitioner in No. 15032.

Mr. J. D. Feeney, Jr., Chicago, Ill., was on the brief for petitioner in No. 15034.

Mr. James K. Crimmins, New York City, was on the brief for petitioner in No. 15035. Mr. James D. Simpson, New York City, also entered an appearance for petitioner in No. 15035.

Messrs. Howard C. Westwood and William H. Allen, Washington, D. C., were on the brief for petitioner in No. 15045. Messrs. Gerry Levenberg and Alfred V. J. Prather, Washington, D. C., also entered appearances for petitioner in No. 15045.

Mr. R. S. Maurer, Atlanta, Ga., was on the brief for petitioner in No. 15047. Messrs. Joseph J. O'Connell, Jr., Robert Reed Gray and James W. Callison, Washington, D. C., also entered appearances for petitioner in No. 15047.

Mr. C. Edward Leasure, Washington, D. C., was on the brief for petitioner in No. 15050.

Mr. Richard A. Fitzgerald, Washington, D. C., was on the brief for petitioner in No. 15051. Mr. Andrew T. A. MacDonald, Washington, D. C., also entered an appearance for petitioner in No. 15051.

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

Mr. Albert F. Beitel, Washington, D. C., who was on the brief for intervenor Modern Air Transport, Inc., and certain other intervenors, argued for all intervenors.

Mr. Dewitt T. Yates, Washington, D. C., was on the brief for intervenor United States Overseas Airlines and also entered an appearance for intervenor Supplemental Air Carrier Conference in Nos. 15034, 15035, and 15045. Mr. Henry F. Eaton, Washington, D. C., entered an appearance for intervenors United States Overseas Airlines and Supplemental Air Carrier Conference in Nos. 15034, 15035, and 15045.

Before PRETTYMAN, Chief Judge, and WILBUR K. MILLER and FAHY, Circuit Judges.


PRETTYMAN, Chief Judge.

This is another phase of the problem of the supplemental air carriers.1 The Board decided to certificate in this service those carriers which qualified for certification under its views of the criteria for qualification. Accordingly it issued certificates to certain of our intervenors here (Order No. E-13436). Those certificates purported to authorize operation "[b]etween any point in any State of the United States...

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