PAN AMERICAN-GRACE AIRWAYS, INC. v. C. A. B.

Nos. 18671, 18672.

342 F.2d 905 (1964)

PAN AMERICAN-GRACE AIRWAYS, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent. Master Executive Councils of Pilots of Braniff Airways, Inc., and Pan American-Grace Airways, Inc., Lufthansa German Airlines and Pan American World Airways, Inc., Intervenors. BRANIFF AIRWAYS, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent. Master Executive Councils of Pilots of Braniff Airways, Inc., and Pan American-Grace Airways, Inc., Lufthansa German Airlines and Pan American World Airways, Inc., Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided October 30, 1964.

Petitions for Rehearing Denied December 11, 1964.

Certiorari Denied March 8, 1965.


Attorney(s) appearing for the Case

Mr. Howard C. Westwood, Washington, D. C., with whom Messrs. Alfred V. J. Prather, Washington, D. C., and Alexander E. Bennett, Washington, D. C., were on the brief, for petitioner in No. 18,671.

Mr. Frank H. Strickler, Washington, D. C., with whom Mr. B. Howell Hill, Washington, D. C., was on the brief, for petitioner in No. 18,672.

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

Mr. Arthur R. Schor, Atty., Civil Aeronautics Board, also entered an appearance for respondent.

Mr. G. Nathan Calkins, Jr., Washington, D. C., with whom Mrs. Amy Scupi, Washington, D. C., was on the brief, for intervenor Lufthansa German Airlines.

Mr. Hubert A. Schneider, Washington, D. C., was on the brief for intervenor Pan American World Airways, Inc.

Messrs. Edward J. Hickey, Jr., James L. Highsaw, Jr., and William G. Mahoney, Washington, D. C., were on the brief for intervenors Master Executive Councils of Pilots of Braniff Airways, Inc. and Pan American-Grace Airways, Inc.

Mr. Warren E. Baker, Washington, D. C., filed a brief on behalf of Trans World Airlines, Inc., as amicus curiae.

Mr. Joseph F. Healy, Jr., Washington, D. C., also entered an appearance for Trans World Airlines, Inc., as amicus curiae.

Mr. Joel H. Fisher, Washington, D. C., filed a brief on behalf of Seaboard World Airlines, Inc., as amicus curiae.

Mr. Stephen L. Gelband, Washington, D. C., also entered an appearance for Seaboard World Airlines, Inc., as amicus curiae.

Before FAHY, WRIGHT and McGOWAN, Circuit Judges.


Petitions for Rehearing en Banc Denied December 11, 1964.

Certiorari Denied March 8, 1965. See 85 S.Ct. 941.

FAHY, Circuit Judge.

Petitioners, Braniff Airways, Inc., and Pan American-Grace Airways, Inc., are domestic air carriers. They petition for review of an order of the Civil Aeronautics Board denying a motion by Braniff, supported by Pan American-Grace, that an application previously made to the Board by Lufthansa German Airlines, intervenor,...

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