OUTAGAMIE COUNTY, WISCONSIN v. CIVIL AERONAUTICS BOARD

Nos. 14994-14997.

355 F.2d 900 (1966)

OUTAGAMIE COUNTY, WISCONSIN, City of Appleton, Wisconsin, Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent. CITY OF CLINTONVILLE, WISCONSIN, Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent. CITY OF ASHLAND, WISCONSIN, County of Ashland, Wisconsin, Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent. STATE OF WISCONSIN, Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent. Winnebago County, Wisconsin, City of Oshkosh, Wisconsin, North Central Airlines, Inc., Intervenors.

United States Court of Appeals Seventh Circuit.

January 18, 1966.


Attorney(s) appearing for the Case

Gerald P. O'Grady, Washington, D. C., A. W. Ponath, Appleton, Wis., Jack D. Steinhilber, Flanagan, Steinhilber & Chaney, Oshkosh, Wis., Robert C. Lester, Washington, D. C., Howard S. Boros, Washington, D. C., Robert W. Otto, Clintonville, Wis., John H. Doyle, Robert W. Alvord, Washington, D. C., Bronson C. La Follette, Atty. Gen., George B. Schwahn, Asst. Atty. Gen., Madison, Wis., Robert W. Alvord, Alvord & Alvord, Washington, D. C., Koepenick & O'Grady, Washington, D. C., of counsel, for petitioners.

Frederic D. Houghteling, Atty., Joseph B. Goldman, Deputy Gen. Counsel, O. D. Ozment, Associate Gen. Counsel, Litigation and Legislation, C. A. B., Donald F. Turner, Asst. Atty. Gen., John H. Wanner, Gen. Counsel, C. A. B., Lionel Kestenbaum, Asst. Chief, Appellate Section U. S. Dept. of Justice, Washington, D. C., for respondent.

Jerrold Scoutt, Jr., Washington, D. C., David M. Gooder, Charles H. Weiland, Chicago, Ill., Lear, Scoutt & Resenberger, Washington, D. C., Lord, Bissell & Brook, Chicago, Ill., of counsel, for intervenors.

Before SCHNACKENBERG, CASTLE and KILEY, Circuit Judges.


KILEY, Circuit Judge.

The petitioners seek to have this court review1 and set aside a Civil Aeronautics Board order2 designating various single airports to serve two cities where previously each city had its own. This court permitted Winnebago County and the City of Oshkosh, Wisconsin, and North Central Airlines, Inc., to intervene. We affirm the order reviewed, and deny the petitions.

The challenged...

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