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NEBRASKA DEPARTMENT OF AERONAUTICS v. C.A.B.

Nos. 16589, 16590.

298 F.2d 286 (1962)

NEBRASKA DEPARTMENT OF AERONAUTICS et al., Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent. Frontier Airlines, Inc., Intervenor.

United States Court of Appeals Eighth Circuit.

January 4, 1962.

Attorney(s) appearing for the Case

William C. Burt, Washington, D.C., Robert M. Beckman, Koteen & Burt, Washington, D. C., Clarence A. Davis, Washington, D. C., and Rush C. Clarke, North Platte, Neb., on the brief, for petitioners.

O.D. Ozment, Associate General Counsel, Litigation and Research, Civil Aeronautics Board, Washington, D. C., Franklin M. Stone, General Counsel, Civil Aeronautics Board, Washington, D. C., Robert A. Bicks, Asst. Atty. Gen., Washington, D. C., John H. Wanner, Deputy General Counsel, Washington, D. C., Richard A. Solomon and Henry Geller, Attorneys, Dept. of Justice, Washington, D. C., on the brief, for respondent.

Herbert Elish, Washington, D. C., Raymond J. Rasenberg, Bowen & Rasenberger, Washington, D. C., William A. Nelson, Frontier Airlines, Inc., Stapleton Airfield, Denver, Colo., Marti, O'Gara, Dalton & Sheldon, Lincoln, Neb., on the brief, for intervenor, Frontier Airlines, Inc.

Before VOGEL and BLACKMUN, Circuit Judges, and BECK, District Judge.

BLACKMUN, Circuit Judge.

The petitioners,1 which we shall collectively call "Nebraska", seek review here2 of two orders of the Civil Aeronautics Board. In their brief they state:

"This case involves the power of the Civil Aeronautics Board * * * to authorize without a hearing, on the basis of unverified pleadings, the cessation of all air service on segment...

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