WESTERN AIR LINES, INC. v. C. A. B.

Nos. 18305, 18313.

351 F.2d 778 (1965)

WESTERN AIR LINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, United Air Lines, Inc., City of Kansas City, Missouri, Continental Air Lines, Inc., Northwest Airlines, Inc., Pan American World Airways, Inc., Intervenors. The CITY OF SAN DIEGO, San Diego Unified Port District, and San Diego Chamber of Commerce, Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent, United Air Lines, Inc., Northwest Airlines, Inc., Pan American World Airways, Inc., Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided June 3, 1965.


Attorney(s) appearing for the Case

Mr. L. Welch Pogue, Washington, D. C., with whom Messrs. George C. Neal, Calvin Davison, Washington, D. C., and John W. Simpson, Los Angeles, Cal., were on the brief, for petitioner in No. 18305.

Mr. Aaron W. Reese, San Diego, Cal., for petitioners in No. 18313. Mr. C. Emerson Duncan, II, Washington, D. C., also entered an appearance for petitioners in No. 18313.

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

Mrs. Dorothy F. Fardon, Kansas City, Mo., was on the brief for intervenor, City of Kansas City, Mo., in No. 18305.

Messrs. Robert L. Stern, Chicago, Ill., and Hubert A. Schneider, Washington, D. C., were on the brief for intervenors United Air Lines, Inc. and Pan American World Airways, Inc.

Messrs. John W. Cross, Andrew T. A. MacDonald, Washington, D. C., and Herman F. Scheurer, Jr., were on the brief for intervenor Continental Air Lines, Inc., in No. 18305.

Messrs. James L. Kaler and Robert N. Duggan, Washington, D. C., also entered appearances for intervenor Northwest Airlines, Inc.

Before WASHINGTON, DANAHER and BURGER, Circuit Judges.


DANAHER, Circuit Judge:

The Board by its Order E-16285, adopted December 7, 1960, contemplated additional air service between Hawaii and California. Amendments to Western Air Lines route 13 redesignated San Diego as an intermediate point and added Honolulu as a terminal point. Further changes in Western's route 35 added Honolulu as a terminal point to that route. Nearly three years later, the Board terminated its Transpacific Route Case, proceedings by Order...

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