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

Nos. 16355, 16356, 16396.

303 F.2d 395 (1962)

NORTHWEST AIRLINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, United Air Lines, Inc., Capital Airlines, Inc., Intervenors. DELTA AIR LINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, United Air Lines, Inc., Capital Airlines, Inc., Intervenors. EASTERN AIR LINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, United Air Lines, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided January 25, 1962.


Attorney(s) appearing for the Case

Mr. Hans A. Klagsbrunn, Washington, D. C., with whom Messrs. Lawrence D. Hollman and Emory T. Nunneley, Jr., Washington, D. C., were on the brief, for petitioner in No. 16355.

Mr. Richard S. Maurer, Atlanta, Ga., with whom Messrs. James W. Callison, Washington, D. C., and Frank F. Rox, Atlanta, Ga., were on the brief, for petitioner in No. 16356. Messrs. Joseph J. O'Connell, Jr., and Robert Reed Gray, Washington, D. C., also entered appearances for petitioner in No. 16356.

Mr. Allison Wade, Atlanta, Ga., of the bar of the Supreme Court of Georgia, pro hac vice, by special leave of court, for petitioner in No. 16396. Mr. Harold L. Russell, Atlanta, Ga., was on the pleadings for petitioner in No. 16396.

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

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 intervenor United Air Lines, Inc.

Mr. Macon M. Arthur, Washington, D. C., entered an appearance for intervenor Capital Airlines, Inc., in Nos. 16355 and 16356.

Before WILBUR K. MILLER, Chief Judge, and PRETTYMAN and FAHY, Circuit Judges.


PRETTYMAN, Circuit Judge.

Nos. 16355 and 16356 are petitions to review an order of the Civil Aeronautics Board, which approved a merger of United Air Lines, Inc., and Capital Airlines, Inc. Petitioners, who were intervenors before the Board, are certificated air carriers, and their interest is the alleged competitive impact of the merger upon their respective operations.

Capital was the fifth largest domestic trunkline carrier. Its certificated routes extended...

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