LAW MOTOR FREIGHT, INC. v. C. A. B.

No. 6731.

364 F.2d 139 (1966)

LAW MOTOR FREIGHT, INC., et al., Petitioners, v. CIVIL AERONAUTICS BOARD et al., Respondents.

United States Court of Appeals First Circuit.

Decided July 20, 1966.

Rehearing Denied August 23, 1966.


Attorney(s) appearing for the Case

Bryce Rea, Jr., Washington, D. C., with whom Kenneth B. Williams, Boston, Mass., F. G. Freund, Thomas M. Knebel, Washington, D. C., Williams, Kelly, Shrigley & Ryan, Boston, Mass., and Rea, Cross, Knebel & Kinnaird, Washington, D. C., were on brief, for petitioners.

Warren L. Sharfman, Associate General Counsel, with whom Joseph B. Goldman, General Counsel, O. D. Ozment, Deputy General Counsel, Robert L. Toomey, Attorney, Civil Aeronautics Board, Donald F. Turner, Asst. Atty. Gen., and Howard E. Shapiro, Attorney, Department of Justice, were on brief, for Civil Aeronautics Board, respondent.

George C. Neal, Washington D. C., with whom Pogue & Neal, Washington, D. C., was on brief, for Emery Air Freight Corporation, intervening respondent.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.


COFFIN, Circuit Judge.

This case comes to us on petition to review an order of the Civil Aeronautics Board (the Board) granting Emery Air Freight Corporation (Emery) authority to file tariffs and, pursuant thereto, perform pickup and delivery services for air freight traffic between Boston, Massachusetts and Nashua, New Hampshire. The petitioner, Law Motor Freight, Inc. (Law), is an Interstate Commerce Commission certificated motor carrier which has hitherto carried...

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