RAILWAY EXPRESS AGENCY, INC., Petitioner,
v.
CIVIL AERONAUTICS BOARD, Respondent.
Air Freight Forwarders Association, American Airlines, Inc., United Air Lines, Inc. and Trans World Airlines, Inc., Intervenors.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 15, 1965.
Decided March 18, 1965.
Petition for Rehearing Denied April 26, 1965.
Attorney(s) appearing for the Case
Mr. William Q. Keenan, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Mr. John E. Powell, Washington, D. C., was on the brief, for petitioner.
Mr. O. D. Ozment, Associate General Counsel, Litigation and Legislation, Civil Aeronautics Board, with whom Asst. Atty. Gen. William H. Orrick, Jr., and Messrs. John H. Wanner, General Counsel, Joseph B. Goldman, Deputy General Counsel, and Robert L. Toomey, Attorney, Civil Aeronautics Board, and Lionel Kestenbaum, Attorney, Department of Justice, were on the brief, for respondent.
Mr. Louis P. Haffer, Washington, D. C., for intervenor Air Freight Forwarders Ass'n.
Mr. Gordon W. Bickert, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Messrs. Warren E. Baker and Joseph F. Healy, Jr., Washington, D. C., were on the brief for intervenor Trans World Airlines, Inc., argued for intervenors Trans World Airlines, Inc., American Airlines, Inc. and United Air Lines, Inc.
Messrs. Robert L. Stern, Chicago, Ill., and James Francis Reilly, Washington, D. C., were on the brief for intervenor United Air Lines, Inc.
Mr. Alfred V. J. Prather, Washington, D. C., was on the brief for intervenor American Airlines, Inc.
Before BAZELON, Chief Judge, and FAHY and WRIGHT, Circuit Judges.
United States Court of Appeals District of Columbia Circuit.
WRIGHT, Circuit Judge:
By its Order No. E-20332, the Civil Aeronautics Board disapproved certain agreements entered into between the Railway Express Agency, Inc. (REA) and various airlines.1 Under each agreement the airline promised to carry, between specified points, cargo "presently moving in the services of [REA]" to the extent the airline determined it had space available. The parties agreed...
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