CITY OF LAWRENCE, MASSACHUSETTS v. C. A. B.

Nos. 6360, 6377, 6382.

343 F.2d 583 (1965)

CITY OF LAWRENCE, MASSACHUSETTS, Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent. CITY OF NEW HAVEN, CONNECTICUT, Greater New Haven Chamber of Commerce, Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent. TOWN OF STRATFORD, CONNECTICUT, Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent.

United States Court of Appeals First Circuit.

Decided April 9, 1965.


Attorney(s) appearing for the Case

Andrew A. Caffrey, Lawrence, Mass., for petitioner in Case No. 6360.

Robert M. Beckman, Washington, D. C., with whom William C. Burt, Washington, D. C., Ralph I. Brown, New Haven, Conn., and Koteen & Burt, Washington, D. C., were on brief, for petitioners in Case No. 6377.

Howard S. Boros, Washington, D. C., with whom Raymond E. Baldwin, Jr., and Pullman, Comley, Bradley & Reeves, Bridgeport, Conn., were on brief, for petitioner in Case No. 6382.

Arthur R. Schor, Asst. Chief, Litigation and Legislation, with whom William H. Orrick, Jr., Asst. Atty. Gen., Lionel Kestenbaum and Barry J. Waldman, Attys., Dept. of Justice, John H. Wanner, Gen. Counsel, C. A. B., Joseph B. Goldman, Deputy Gen. Counsel, O. D. Ozment, Associate Gen. Counsel, Litigation and Legislation, and John M. Stuhldreher, Atty., C. A. B., were on brief, for respondent.

Henry E. Foley, Loyd M. Starrett, Edward J. Cutter, and Foley, Hoag & Eliot, Boston, Mass., on brief for Northeast Airlines, Inc., amicus curiae in Case No. 6360.

E. Smythe Gambrell, Harold L. Russell, James H. Bratton, Jr., Alvin Green, and Gambrell, Harlan, Russell & Moye, Atlanta, Ga., on brief of Eastern Air Lines, Inc., amicus curiae in Case Nos. 6377 and 6382.

Edwin I. Colodny, Washington, D. C., and Hale, Russell & Stentzel, New York City, on brief of Allegheny Airlines, Inc., amicus curiae in Case Nos. 6377 and 6382.

Before ALDRICH, Chief Judge, and SWEENEY and WYZANSKI, District Judges.


SWEENEY, District Judge.

These are petitions for review of an order of the Civil Aeronautics Board (hereinafter, the Board) which, insofar as relevant, 1) permitted Northeast Airlines, Inc. (hereinafter, Northeast) to delete service to Lawrence, Massachusetts; 2) granted a petition of Eastern Airlines, Inc. (hereinafter, Eastern) to delete New Haven, Connecticut; and 3) consolidated service by Allegheny Airlines, Inc. (hereinafter, Allegheny) to New Haven and Bridgeport...

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