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M & R INVESTMENT COMPANY v. C. A. B.

No. 17314.

308 F.2d 49 (1962)

M & R INVESTMENT COMPANY, Inc., d/b/a Dunes Hotel and Casino, Fred Miller, Don Rich, Marvin Cole, Harry Riggs, Grimley Engineering, Inc., d/b/a Transglobal Airlines, Inc., and Catalina Air Transport d/b/a Catalina Airlines, Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent.

United States Court of Appeals Ninth Circuit.

September 19, 1962.

Attorney(s) appearing for the Case

Keating & Sterling and Roland E. Ginsburg, Los Angeles, Cal., for petitioners.

Lee Loevinger, Asst. Atty. Gen., Irwin A. Seibel, Atty., Dept. of Justice, Washington, D. C., John H. Wanner, Gen. Counsel, Joseph B. Goldman, Deputy Gen. Counsel, O. D. Ozment, Associate Gen. Counsel, Litigation & Research, Robert L. Toomey and John F. Rodgers, Attys., Civil Aeronautics Board, Washington, D. C., for respondent.

Before MERRILL and BROWNING, Circuit Judges, and JAMES M. CARTER, District Judge.

BROWNING, Circuit Judge.

Petitioner M & R Investment Company, Inc., doing business as the Dunes Hotel and Casino, at Las Vegas, Nevada, offered and sold "Dunes Magic Carpet Tours" to the general public in the Los Angeles, California area. The "Tours" included "free" air transportation between Los Angeles and Las Vegas. The Civil Aeronautics Board found that the "Tours" constituted "air transportation" (defined in the Federal Aviation Act as "carriage by aircraft...

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