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CITY OF PONTIAC, MICHIGAN v. C. A. B.

Nos. 16582, 16583.

361 F.2d 810 (1966)

CITY OF PONTIAC, MICHIGAN, and Pontiac Area Chamber of Commerce, Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent, North Central Airlines, Inc., Intervenor. REED CITY, MICHIGAN, and Reed City Chamber of Commerce, Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent, North Central Airlines, Inc., Intervenor.

United States Court of Appeals Sixth Circuit.

June 17, 1966.

Attorney(s) appearing for the Case

Sherwin M. Birnkrant, Pontiac, Mich., for city of Pontiac, Mich., and others.

Joseph C. Lynch, Reed City, Mich., for Reed City, Mich., and others.

Robert L. Toomey, Acting Assoc. Gen. Counsel, Litigation and Legislation, Washington, D. C., for Civil Aeronautics Bd., O. D. Ozment, Deputy Gen. Counsel, Burton S. Kolko, Atty. Civil Aeronautics Bd., Donald F. Turner, Asst. Atty. Gen., Howard E. Shapiro, Atty., Dept. of Justice, Joseph B. Goldman, Gen. Counsel, Civil Aeronautics Bd., Washington, D. C., on the brief.

Jerrold Scoutt, Jr., Washington, D. C., for North Central Airlines, Inc., Lear, Scoutt & Rasenberger, Washington, D. C., Taft, Stettinius & Hollister, Cincinnati, Ohio, on the brief.

Frank J. Kelley, Atty. Gen. of Michigan, Joseph B. Bilitzke, Asst. Atty. Gen., Lansing, Mich., on brief as amicus curiae Civil Aeronautics Bd.

Before WEICK, Chief Judge, CELEBREZZE, Circuit Judge, CECIL, Senior Circuit Judge.

CELEBREZZE, Circuit Judge.

The Civil Aeronautics Board, on August 25, 1960, authorized and certificated North Central Airlines, Inc. to provide the Michigan Cities of Cadillac, Reed City, and Pontiac with one daily round trip air service. Cadillac and Reed City were served at Miller Field, Reed City, Michigan. Pontiac was served at Pontiac Municipal Airport.

In awarding air service to these communities, the Civil Aeronautics Board, hereinafter referred to...

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