NATIONAL AIRLINES, INC. v. C. A. B.

Nos. 16748, 16749.

306 F.2d 753 (1962)

NATIONAL AIRLINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Northeast Airlines, Inc., Hughes Tool Company, Northeast Airlines Master Executive Council, ALPA, International Association of Machinists, Intervenors. EASTERN AIR LINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Northeast Airlines, Inc., Hughes Tool Company, Northeast Airlines Master Executive Council, ALPA, International Association of Machinists, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided May 24, 1962.


Attorney(s) appearing for the Case

Mr. John W. Cross, Washington, D. C., with whom Messrs. Andrew T. A. Macdonald and Jerome A. Barron, Washington, D. C., were on the brief, for petitioner in No. 16,748.

Mr. James H. Bratton, Jr., Atlanta, Ga., of the bar of the Supreme Court of Georgia, pro hac vice, by special leave of court, with whom Messrs. E. Smythe Gambrell and Harold L. Russell, Atlanta, Ga., were on the brief, for petitioner in No. 16,749.

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, William L. Howard, Jr., and Mrs. Yvonne H. Behart, Attys., Civil Aeronautics Board, and Messrs. Richard A. Solomon and Irwin A. Seibel, Attys., Dept. of Justice, were on the brief, for respondent.

Mr. Lloyd N. Cutler, Washington, D. C., for intervenor Northeast Airlines, Inc. Mr. Ezekiel G. Stoddard, Washington, D. C., was on the brief for intervenor Northeast Airlines, Inc. Mr. Samuel A. Stern, Washington, D. C., also entered an appearance for intervenor Northeast Airlines, Inc.

Mr. Paul A. Porter, Washington, D. C., with whom Mr. G. Duane Vieth, Washington, D. C., was on the brief, for intervenor Hughes Tool Co.

Mr. James L. Highsaw, Jr., Washington, D. C., entered an appearance for intervenors Northeast Airlines Master Executive Council, Airline Pilots Assn., International, and International Assn. of Machinists.

Before BAZELON, FAHY and BASTIAN, Circuit Judges.


BASTIAN, Circuit Judge.

Petitioners, National Airlines, Inc. and Eastern Air Lines, Inc., seek review of certain orders of the respondent, Civil Aeronautics Board, issued in a proceeding known as "Toolco-Northeast Control Case, Docket 11621." The orders appealed from are numbered E-17742 and E-17811. Order No. E-17742 set down for hearing the question whether the Board should grant interim approval to allow emergency financial assistance by Hughes Tool Company [Toolco...

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