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

No. 15084.

280 F.2d 636 (1960)

DELTA AIR LINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided June 2, 1960.

Petition for Rehearing Denied July 13, 1960.

Attorney(s) appearing for the Case

Mr. James F. Bell, Washington, D. C., with whom Messrs. R. S. Maurer, Atlanta, Ga., George C. Neal, Washington, D. C., and Calvin Davison, Washington, D. C., were on the brief, for petitioner.

Mr. Morris Chertkov, 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, and Richard A. Solomon, Attorney, Department of Justice, were on the brief, for respondent.

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

BAZELON, Circuit Judge.

This is the second appeal involving efforts of the Civil Aeronautics Board to fix mail-pay rates for the international operations of Chicago & Southern Airline ("C & S"), subsequently merged with Delta Air Lines ("Delta"), petitioner here.

Mail rates may include a subsidy based on need,1 as well as compensation for services performed. The purpose of the subsidy is to promote the development of air...

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