CITY OF PHILADELPHIA v. CIVIL AERONAUTICS BOARD

No. 15845.

289 F.2d 770 (1961)

CITY OF PHILADELPHIA, Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, The Flying Tiger Line, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided March 23, 1961.


Attorney(s) appearing for the Case

Mr. William J. Duiker, Washington, D. C., with whom Mr. David Berger, Philadelphia, Pa., was on the brief, for petitioner.

Mr. Robert L. Toomey, 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.

Mr. Elmer E. Batzell, Washington, D. C., with whom Mr. Norman L. Meyers, Washington, D. C., was on the brief, for intervenor. Mr. Ivan V. Kerno, Washington, D. C., also entered an appearance for intervenor.

Messrs. Bryce Rea, Jr., Thomas M. Knebel, Washington, D. C., and Frederick G. Freund, Washington, D. C., filed a brief on behalf of National Motor Freight Traffic Association, as amicus curiae, urging reversal.

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


WILBUR K. MILLER, Chief Judge.

The Flying Tiger Line, Inc., operates a transcontinental air freight service under the authority of a certificate issued by the Civil Aeronautics Board in 1949, 10 C.A.B. 572, 635, and renewed from time to time with alterations not relevant here. The certificate authorized Tiger "to engage in air transportation with respect to property" between the Pacific Coast terminal point of Los Angeles, various intermediate points, and the eastern...

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