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CAPITOL AIRWAYS, INC. v. C. A. B.

No. 16000.

292 F.2d 755 (1961)

CAPITOL AIRWAYS, INC., and World Airways, Inc., Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent, Seaboard & Western Airlines, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided May 25, 1961.

Attorney(s) appearing for the Case

Mr. Jerrold Scoutt, Jr., Washington, D. C., with whom Mr. Coates Lear, Washington, D. C., was on the brief, for petitioners.

Mr. O. D. Ozment, Associate Gen. Counsel, Litigation and Research, Civil Aeronautics Board, with whom Messrs. John H. Wanner, Gen. Counsel, Civil Aeronautics Board, Morris Chertkov, Atty., Civil Aeronautics Board, W. Wallace Kirkpatrick and Richard A. Solomon, Attys., Dept. of Justice, were on the brief, for respondent.

Messrs. Louis M. Kaplan and Joel H. Fisher, Washington, D. C., entered appearances for intervenor.

Before EDGERTON, BAZELON and WASHINGTON, Circuit Judges.

WASHINGTON, Circuit Judge.

This is a petition to review an order of the Civil Aeronautics Board. Petitioners are air carriers in the category known as "supplemental." Their operating authority is of limited character.1 In 1953, the Board promulgated Part 294 of its Economic Regulations, 18 Fed.Reg. 3639, authorizing air carriers of all categories to perform certain classes of transport services for the military establishment, whether or...

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