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

No. 19157.

331 F.2d 207 (1964)

ISLAND AIRLINES, INC., Appellant, v. CIVIL AERONAUTICS BOARD, Appellee.

United States Court of Appeals Ninth Circuit.

April 24, 1964.


Attorney(s) appearing for the Case

Robertson, Castle & Anthony, and Frank D. Padgett, Honolulu, Hawaii, for appellant.

John W. Douglas, Asst. Atty. Gen., Herman T. F. Lum, U. S. Atty., Morton Hollander and Barbara W. Deutsch, Attys., Dept. of Justice, Washington, D. C., and John H. Wanner, Gen. Counsel, Civil Aeronautics Board, Washington, D. C., for appellee.

Bert T. Kobayashi, Atty. Gen., for State of Hawaii, Arthur S. K. Fong, Deputy Atty. Gen., Honolulu, Hawaii, on behalf of amicus curiae State of Hawaii.

Before CHAMBERS, KOELSCH and BROWNING, Circuit Judges.


CHAMBERS, Circuit Judge:

The people of the State of Hawaii live on six major islands: Oahu, Maui, Kauai, Hawaii, Molokai, and Lanai. All are separated by open sea.

For awhile, prior to May, 1963, Island Airlines operated among the Hawaiian Islands, indicated above, under authority of the State of Hawaii, but without a federal certificate of convenience and necessity from the appellee, Civil Aeronautics Board. Then...

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