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

Nos. 15414, 15415.

309 F.2d 238 (1962)

UNITED AIR LINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, American Airlines, Inc., City and County of San Francisco, Intervenors. TRANS WORLD AIRLINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, American Airlines, Inc., City and County of San Francisco, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided October 11, 1962.


Attorney(s) appearing for the Case

Mr. H. Templeton Brown, Chicago, Ill., of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of court, with whom Messrs. Robert L. Stern, Chicago, Ill., and James Francis Reilly, Washington, D. C., were on the brief, for petitioner in No. 15,414.

Mr. James K. Crimmins, New York City, with whom Messrs. Joseph M. Paul, Jr., New York City, and Warren E. Baker, Washington, D. C., were on the brief, for petitioner in No. 15,415.

Mr. O. D. Ozment, Associate General Counsel, Litigation and Research, Civil Aeronautics Board, with whom Messrs. John H. Wanner, General Counsel, Joseph B. Goldman, Deputy General Counsel, Arthur R. Schor and William F. Becker, Attorneys, Civil Aeronautics Board, were on the brief, for respondent.

Mr. Howard C. Westwood, Washington, D. C., with whom Mr. William H. Allen, Washington, D. C., was on the brief, for intervenor American Airlines, Inc. Messrs. John W. Douglas and Edwin H. Seeger also entered appearances for intervenor American Airlines, Inc.

Mr. William F. Bourne, San Francisco, Cal., of the bar of the Supreme Court of California, pro hac vice, with whom Mr. Thomas M. O'Connor, San Francisco, Cal., was on the brief, for intervenor City and County of San Francisco.

Mr. Lionel Kestenbaum, Attorney, Department of Justice, was on the memorandum filed in behalf of the United States as amicus curiæ.

Before WILBUR K. MILLER, DANAHER and BASTIAN, Circuit Judges.


BASTIAN, Circuit Judge.

On May 19, 1960, this court agreed with the order of the Civil Aeronautics Board awarding New York-San Francisco non-stop service to American Airlines, Inc. [intervenor], but remanded the cases to the Board "for the limited purpose of holding a hearing to determine, with all convenient speed, the relevant facts on the question of whether the Board's rules were so violated as to require a setting aside of the order." United Air Lines, Inc. v...

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