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

No. 17537.

321 F.2d 380 (1963)

NATIONAL AIRLINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Northeast Airlines, Inc., Atlas Corporation, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided July 3, 1963.


Attorney(s) appearing for the Case

Mr. Lloyd N. Cutler, Washington, D. C., with whom Messrs. Ezekiel G. Stoddard, Daniel K. Mayers and Arnold M. Lerman, Washington, D. C., were on the brief, for intervenor, Northeast Airlines, Inc.

Mr. John C. Meleney, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Mr. Arnold M. Lerman, Washington, D. C., was on the brief, for intervenor, Atlas Corp.

Mr. Andrew T. A. Macdonald, Washington, D. C., with whom Mr. John W. Cross, Washington, D. C., was on the brief, for petitioner.

Mr. O. D. Ozment, Assoc. Gen. Counsel, Litigation and Legislation, Civil Aeronautics Bd., with whom Messrs. John H. Wanner, Gen. Counsel, Joseph B. Goldman, Deputy Gen. Counsel, Robert L. Toomey, Atty., Civil Aeronautics Bd. and Lionel Kestenbaum, Atty, Dept. of Justice, were on the brief, for respondent.

Before BAZELON, Chief Judge, and FAHY and BASTIAN, Circuit Judges.


BASTIAN, Circuit Judge.

This proceeding was before us on a prior occasion.1 The orders there appealed from were Board's Orders No. E-17742 and No. E-17811. Order No. E-17742 set down for hearing the question whether or not the Board should give interim approval to allow emergency financial assistance to Northeast Airlines, Inc. [Northeast] by Hughes Tool Company [Toolco]. Order No. E-17811 authorized Northeast to negotiate with and obtain...

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