ALASKA AIRLINES, INC. v. PAN AMERICAN WORLD AIRWAYS, INC.

Nos. 17469, 17473.

321 F.2d 394 (1963)

ALASKA AIRLINES, INC., Appellant, v. PAN AMERICAN WORLD AIRWAYS, INC., Appellee. Alan S. BOYD, et al., as Individuals and Members of the Civil Aeronautics Board, Appellants, v. PAN AMERICAN WORLD AIRWAYS, INC., Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 20, 1963.


Attorney(s) appearing for the Case

Mr. James F. Bell, Washington, D. C., with whom Messrs. George C. Neal and Calvin Davison, Washington, D. C., were on the brief, for appellant in No. 17,469.

Mr. Edward A. Groobert, Atty., Dept. of Justice, of the bar of the Supreme Court of Connecticut, pro hac vice, by special leave of court, with whom Mr. Joseph D. Guilfoyle, Acting Asst. Atty. Gen., at the time the brief was filed, Messrs. David C. Acheson, U. S. Atty., John H. Wanner, Gen. Counsel, Civil Aeronautics Board, and Alan S. Rosenthal, Atty., Dept. of Justice, were on the brief, for appellants in No. 17,473. Mr. Frank Q. Nebeker, Asst. U. S. Atty., and Mr. David J. McCarthy, Jr., Atty., Dept. of Justice, also entered appearances for appellants in No. 17,473.

Mr. William E. Miller, Washington, D. C., with whom Messrs. Robert J. Corber and Hubert A. Schneider, Washington, D. C., were on the brief, for appellee.

Before WASHINGTON, BASTIAN and BURGER, Circuit Judges.


BASTIAN, Circuit Judge.

On the basis of a preliminary staff study which indicated a possible surfeit of air carriers operating from the Pacific Northwest to Alaska, and which further suggested the termination of the operating authority of Pan American World Airways, Inc. on that route in the interest of public convenience and necessity, the Civil Aeronautics Board issued its Order No. E 18120 on March 19, 1962, instituting a full-scale investigation "to determine...

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