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

No. 17986.

329 F.2d 894 (1964)

MOHAWK AIRLINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided February 20, 1964.

Attorney(s) appearing for the Case

Mr. Calvin Davison, Washington, D. C., with whom Messrs. James F. Bell and James E. Merritt, Washington, D. C., were on the brief, for petitioner.

Mr. Frederic D. Houghteling, Attorney, Civil Aeronautics Board, with whom Asst. Atty. Gen. William H. Orrick, Jr., Messrs. John H. Wanner, General Counsel, Joseph B. Goldman, Deputy General Counsel, O. D. Ozment, Associate General Counsel, Litigation and Legislation, Civil Aeronautics Board, and Lionel Kestenbaum, Attorney, Department of Justice, were on the brief, for respondent.

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

PER CURIAM.

On March 24, 1954, the Civil Aeronautics Board established a rate to be paid Mohawk Airlines for the transportation of mail on and after August 7, 1953, including the payment of subsidies. Periodical payments for such transportation were thereafter made, subject to adjustment after audits.

Mohawk's computation of its subsidy mail pay for the period from October 1, 1953, to June 30, 1955, was challenged...

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