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

No. 16499.

306 F.2d 739 (1962)

BRANIFF AIRWAYS, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Continental Air Lines, Inc., Delta Air Lines, Inc., Eastern Air Lines, Inc., National Airlines, Inc., City of Houston, Texas, Houston Chamber of Commerce, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided May 24, 1962.

Petition for Rehearing Denied July 27, 1962.


Attorney(s) appearing for the Case

Mr. B. Howell Hill, Washington, D. C., with whom Mr. Walter D. Hansen, Washington, D. C., was on the brief, for petitioner.

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

Mr. Robert Reed Gray, Washington, D. C., with whom Mr. Joseph J. O'Connell, Jr., Washington, D. C., was on the brief for intervenors Delta Air Lines, Inc., argued for intervenors Delta Air Lines, Inc., Continental Air Lines, Inc., and National Airlines, Inc.

Messrs. C. Edward Leasure and Joseph F. Healy, Jr., Washington, D. C., were on the brief for intervenor Continental Air Lines, Inc.

Messrs. John W. Cross and Andrew T. A. Macdonald, Washington, D. C., were on the brief for intervenor National Airlines, Inc.

Mr. Robert N. Duggan, Washington, D. C., also entered an appearance for intervenor Continental Air Lines, Inc.

Mr. R. S. Maurer, Atlanta, Ga., also entered an appearance for Delta Air Lines, Inc.

Mr. James H. Bratton, Jr., of the bar of the Supreme Court of Georgia, Atlanta, Ga., pro hac vice, by special leave of court, for intervenor Eastern Air Lines, Inc.

Messrs. E. Smythe Gambrell and Harold L. Russell, Atlanta, Ga., were on the brief for intervenor Eastern Air Lines, Inc.

Messrs. Cecil A. Beasley, Jr., and R. J. Shortlidge, Jr., Washington, D. C., were on the brief for intervenors, City of Houston, Texas and Houston Chamber of Commerce.

Before EDGERTON, FAHY and WASHINGTON, Circuit Judges.


FAHY, Circuit Judge.

As the case is finally presented in this court we have for consideration only the petition of Braniff Airways, Inc., for review of orders of the Civil Aeronautics Board of March 13, 1961 and May 26, 1961.1 These orders were the culmination of a very extensive proceeding before a Hearing Examiner of the Board and later before the Board itself, known as the Southern Transcontinental Service case. It was instituted by...

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