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

Nos. 6220, 6233.

331 F.2d 579 (1964)

NORTHEAST AIRLINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent (two cases).

United States Court of Appeals First Circuit.

May 8, 1964.


Attorney(s) appearing for the Case

Clarence I. Peterson, Boston, Mass., with whom Henry E. Foley, Boston, Mass., Chester C. Davis, New York City, Foley, Hoag & Eliot, Boston, Mass., and Wilmer, Cutler & Pickering, Washington, D. C., were on brief, for petitioner.

O. D. Ozment, Associate General Counsel, Litigation and Legislation, Civil Aeronautics Board, with whom John H. Wanner, General Counsel, Joseph B. Goldman, Deputy General Counsel, and Robert L. Toomey, Peter B. Schwarzkopf, Mordecai B. Braunstein, David A. Heymsfeld, and John M. Stuhldreher, Attorneys, Civil Aeronautics Board, were on brief, for respondent.

Francis V. Hanify, Boston, Mass., Edward J. Hickey, Jr., James L. Highsaw, Jr., Washington, D. C., Tyler & Reynolds, Boston, Mass., and Mulholland, Hickey & Lyman, Washington, D. C., on brief of Master Executive Council of Northeast Pilots and International Ass'n of Machinists as amici curiæ.

Joseph P. Rooney, Boston, Mass., William A. Nelson, Miami, Fla., Andrew T. A. Macdonald, Washington, D. C., Gaston, Snow, Motley & Holt, Boston, Mass., and Cross, Murphy & Smith, Washington, D. C., on brief of National Airlines, Inc., as amicus curiæ.

E. Smythe Gambrell, Harold L. Russell, Atlanta, Ga., Robert Proctor, Richard Wait, Boston, Mass., James H. Bratton, Jr., Jackson Cook, Gambrell, Harlan, Russell, Moye & Richardson, Atlanta, Ga., and Choate, Hall & Stewart, Boston, Mass., on brief of Eastern Air Lines, Inc., as amicus curiæ.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.


WOODBURY, Chief Judge.

Prior to 1956 Eastern Air Lines, Inc., and National Airlines, Inc., Eastern and National hereinafter, were established "grandfather" air carriers over the "East Coast-Florida" route and Northeast Airlines, Inc., Northeast hereinafter, had "grandfather" authority over a route system consisting of short-haul segments extending north from New York to Boston and fanning out over New England. It was the...

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