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

No. 19447.

354 F.2d 507 (1965)

EASTERN AIR LINES, INC., and National Airlines, Inc., Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided November 29, 1965.

Attorney(s) appearing for the Case

Messrs. John H. Wanner, Gen. Counsel, Civil Aeronautics Board, Joseph B. Goldman, Deputy Gen. Counsel, and O. D. Ozment, Associate Gen. Counsel, were on the pleadings for respondent. Mr. Robert L. Toomey, Atty., Civil Aeronautics Board, also entered an appearance for respondent.

Messrs. E. Smythe Gambrell, Harold L. Russell, Atlanta, Ga., John W. Cross and Andrew T. A. Macdonald, Washington, D. C., were on the pleadings for petitioners.

Before WASHINGTON, WRIGHT and LEVENTHAL, Circuit Judges.

LEVENTHAL, Circuit Judge:

In 1956, the Civil Aeronautics Board (CAB) certified Northeast Airlines, for a temporary period of five years, to operate as a third carrier over the East Coast-Florida route in competition with two permanently-certified carriers, Eastern and National.

In April 1961, Northeast applied to the CAB for renewal of its temporary certificate for the route. Lengthy hearings culminated in a 3-2 CAB decision in August 1963, denying Northeast...

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