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

No. 16181.

294 F.2d 235 (1961)

EASTERN AIR LINES, INC., Petitioner v. CIVIL AERONAUTICS BOARD, Respondent. American Airlines, Inc., Braniff Airways, Inc., Continental Air Lines, Inc., United Air Lines, Inc., Western Air Lines, Inc., Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided June 29, 1961.


Attorney(s) appearing for the Case

Mr. Harold L. Russell, Atlanta, Ga., with whom Mr. E. Smythe Gambrell, Atlanta, Ga., was on the brief, for petitioner.

Mr. O. D. Ozment, Associate General Counsel, Litigation, Civil Aeronautics Board, John H. Wanner, General Counsel, Civil Aeronautics Board, Joseph B. Goldman, Deputy General Counsel, Civil Aeronautics Board, William F. Becker, Attorney, Civil Aeronautics Board, Richard A. Solomon and Robert Alexander Hammond, III, Attorneys, Department of Justice, were on the brief, for respondent. Mr. Franklin M. Stone, General Counsel, Civil Aeronautics Board at the time the record was filed, also entered an appearance for respondent.

Messrs. Howard C. Westwood, Alfred V. J. Prather and William H. Allen, Washington, D. C., were on the brief for intervenor, American Airlines, Inc.

Mr. B. Howell Hill, Washington, D. C., was on the brief for intervenor, Braniff Airways, Inc.

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

Mr. James Francis Reilly, Washington, D. C., was on the brief for intervenor, United Air Lines, Inc.

Mr. John W. Simpson, Los Angeles, Cal., was on the brief for intervenor, Western Air Lines, Inc.

Before PRETTYMAN, BAZELON and FAHY, Circuit Judges.


FAHY, Circuit Judge.

Eastern Air Lines, Incorporated, petitions this court to review an order of the Civil Aeronautics Board of November 25, 1960.1 The order terminated a Board proceeding known as the General Passenger Fare Investigation, which the Board had initiated May 10, 1956, on its own motion for the purpose, as stated by the Board, of determining

"[W]hether the fares and charges demanded, collected, and received by each...

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