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FRONTIER AIRLINES, INC. v. CIVIL AERONAUTICS BD.

Nos. 8052, 8072.

349 F.2d 587 (1965)

FRONTIER AIRLINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Braniff Airways, Inc. and United Air Lines, Inc., Intervenors. CITY AND COUNTY OF DENVER, COLORADO, et al., Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent, Braniff Airways, Inc., and United Air Lines, Inc., Intervenors.

United States Court of Appeals Tenth Circuit.

August 12, 1965.

Attorney(s) appearing for the Case

James L. Highsaw, Jr., Washington, D. C. (Richard A. Fitzgerald and Harry A. Bowen, Washington, D. C., of counsel, were with him on the brief), for petitioner Frontier Airlines, Inc.

Tedford Dees, Asst. City Atty. (Max P. Zall, City Atty., was with him on the brief), for petitioners City and County of Denver, Colo., and Denver Chamber of Commerce.

O. D. Ozment, Washington, D. C. (William H. Orrick, Jr., Asst. Atty. Gen., Lionel Kestenbaum, John H. Wanner, Joseph B. Goldman and Robert L. Toomey, Washington, D. C., were with him on the brief), for respondent Civil Aeronautics Board.

John T. Rigby, Washington, D. C. (B. Howell Hill and Arnold, Fortas & Porter, Washington, D. C., were with him on the brief), for intervenor Braniff Airways, Inc.

Mayer, Friedlich, Spiess, Tierney, Brown & Platt, Chicago, Ill., and Akolt, Shepherd & Dick, Denver, Colo., filed brief for intervenor United Air Lines, Inc.

Before PHILLIPS, PICKETT and LEWIS, Circuit Judges.

LEWIS, Circuit Judge.

Frontier Airlines and the City and County of Denver, Colorado, by separate petitions now consolidated for hearing, seek review of and relief from orders of the Civil Aeronautics Board issued in a pending proceeding designated as the Pacific Northwest-Southwest Service Investigation, C.A.B. Docket 15459. The proceeding, initiated by the Board on August 13, 1964, pursuant to sections 204(a) and 401(g) of the Federal Aviation Act of 1958, was intended...

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