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FLYING TIGER LINE, INC. v. BOYD

Civ. A. No. 1757-64.

244 F.Supp. 889 (1965)

The FLYING TIGER LINE, INC., Plaintiff, v. Alan S. BOYD et al., as individuals and as members of the Civil Aeronautics Board, Defendant.

United States District Court District of Columbia.

September 14, 1965.

Attorney(s) appearing for the Case

Edwin J. Dryer, Washington, D. C., for plaintiff.

O. D. Ozment, Associate Gen. Counsel, Civil Aeronautics Board, and Robert J. Wieferich, Department of Justice, Washington, D. C., for defendants.

Warren E. Baker, Washington, D. C., for intervenor.

HOLTZOFF, District Judge.

The issue presented in this case is the validity of a regulation of the Civil Aeronautics Board that limits the off-route charter operations of cargo air carriers to a specified percentage of their revenue.

The Civil Aeronautics Board on September 18, 1964 adopted and promulgated Regulation 207.6(b) reading as follows:

"Effective January 1, 1965, an all-cargo carrier shall not during any calendar year perform off-route charters...

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