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

No. 6365.

345 F.2d 662 (1965)

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

United States Court of Appeals First Circuit.

May 7, 1965.

Attorney(s) appearing for the Case

Loyd M. Starrett, Boston, Mass., with whom Henry E. Foley and Foley, Hoag & Eliot, Boston, Mass., were on brief, for petitioner.

Frederic D. Houghteling, Attorney, C. A. B., with whom William H. Orrick, Jr., Asst. Atty. Gen., Lionel Kestenbaum, Atty., Dept. of Justice, John H. Wanner, Gen. Counsel, C. A. B., Joseph B. Goldman, Deputy Gen. Counsel, C. A. B., O. D. Ozment, Associate Gen. Counsel, Litigation and Legislation, C. A. B., and John M. Stuhldreher, Atty., C. A. B., were on brief, for respondent.

Before WOODBURY, Chief Judge, ALDRICH, Circuit Judge, and CAFFREY, District Judge.

CAFFREY, District Judge.

Northeast has petitioned for review of a refusal by the Board to rule that a set-off arrangement between petitioner and one of its trade creditors is not inconsistent with or violative of Section 403 of the Federal Aviation Act of 1958 (49 U.S.C. § 1373).

By way of background, it appears that on September 5, 1963 Northeast filed an application with the Board stating that as of June 30, 1962 it had been indebted to various creditors...

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