PAN AMERICAN WORLD AIRWAYS, INC. v. CIVIL AERONAUTICS BOARD

Nos. 16501 and 16502.

300 F.2d 904 (1962)

PAN AMERICAN WORLD AIRWAYS, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Seaboard World Airlines, Inc., Intervenor, Airline Transport Carriers, Inc., d/b/a California-Hawaiian Airlines, Inc., Intervenor, Flying Tiger Line, Inc., Intervenor, Saturn Airways, Inc., President Airlines, Inc., Capitol Airways, Inc., Intervenors. TRANS WORLD AIRLINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent. Seaboard World Airlines, Inc., Intervenor, Airline Transport Carriers, Inc., d/b/a California-Hawaiian Airlines, Inc., Intervenor, Flying Tiger Line, Inc., Intervenor, Saturn Airways, Inc., President Airlines, Inc., Capitol Airways, Inc., Intervenors.

United States Court of Appeals District of Columbia Circuit.

Filed February 6, 1962.


Attorney(s) appearing for the Case

Mr. Robert J. Corber, Washington, D. C., with whom Messrs. Hubert A. Schneider and William E. Miller, Washington, D. C., were on the brief, for petitioner in No. 16,501.

Mr. Warren E. Baker, Washington, D. C., with whom Mr. Albert L. Ledgard, Jr., Washington, D. C., was on the brief, for petitioner in No. 16,502.

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

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

Messrs. Coates Lear and Jerrold Scoutt, Jr., Washington, D. C., entered appearances for intervenors Airline Transport Carriers, Inc., d/b/a California-Hawaiian Airlines, Inc.

Messrs. Norman L. Meyers and Ivan V. Kerno, Washington, D. C., entered appearances for intervenor Flying Tiger Line, Inc.

Mr. Albert F. Beitel, Washington, D. C., entered an appearance for intervenors Saturn Airways, Inc., President Airlines, Inc., and Capitol Airways, Inc.

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


PER CURIAM ORDER.

These cases came on for consideration on the transcript of the record before the Civil Aeronautics Board and were argued by counsel.

It appears that pending the decision of the Board in a proceeding entitled Transatlantic Charter Investigation, Docket No. 11908, the Board has adopted a policy of authorizing seasonal exemptions to certain "supplemental" and "cargo" carriers allowing them to operate transatlantic charter flights. Although the...

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