AMERICAN AIRLINES, INC., Petitioner,
v.
CIVIL AERONAUTICS BOARD, Respondent,
The Slick Corporation, Air Freight Forwarders Association, the Flying Tiger Line, Inc., Intervenors.
TRANS WORLD AIRLINES, INC., Petitioner,
v.
CIVIL AERONAUTICS BOARD, Respondent,
The Slick Corporation, Air Freight Forwarders Association, the Flying Tiger Line, Inc., Intervenors.
UNITED AIR LINES, INC., Petitioner,
v.
CIVIL AERONAUTICS BOARD, Respondent,
The Slick Corporation, Air Freight Forwarders Association, the Flying Tiger Line, Inc., Intervenors.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued June 16, 1965.
Decided March 2, 1966.
Attorney(s) appearing for the Case
Mr. Alfred V. J. Prather, Washington, D. C., for petitioner in No. 18833. Mr. Gerry Levenberg, Washington, D. C., also entered an appearance.
Mr. Warren E. Baker, Washington, D. C., with whom Mr. Joseph M. Paul, Jr., Washington, D. C., was on the brief, for petitioner in No. 18834.
Mr. O. D. Ozment, Associate Gen. Counsel, Litigation and Legislation, C. A. B., with whom Asst. Atty. Gen. William H. Orrick, Jr., Messrs. John H. Wanner, Gen. Counsel, Joseph B. Goldman, Deputy Gen. Counsel. C. A. B., and Lionel Kestenbaum, Atty., Dept. of Justice, were on the brief, for respondent.
Mr. Richard P. Taylor, Washington, D. C., with whom Mr. William E. Miller, Washington, D. C., was on the brief, for intervenor Slick Corp.
Messrs. Robert L. Stern, Chicago, Ill., and J. Francis Reilly, Washington, D. C., were on the brief for petitioner in No. 18840.
Mr. Louis P. Haffer, Washington, D. C., was on the brief for intervenor Air Freight Forwarders Ass'n.
Messrs. B. Howell Hill and Frank H. Strickler, Washington, D. C., were on the brief for Braniff Airways as amicus curiae.
Messrs. R. S. Maurer and James W. Callison, Atlanta, Ga., were on the brief for Delta Airlines, Inc., as amicus curiae. Mr. Robert Reed Gray, Washington, D. C., also entered an appearance.
Messrs. Herman F. Scheurer, Jr., and C. Edward Leasure, Washington, D. C., were on the brief for Continental Airlines, Inc., as amicus curiae.
Mr. Lipman Redman, Washington, D. C., was on the brief for Airlift International, Inc., as amicus curiae.
Mr. Edwin Jason Dryer, Washington, D. C., entered an appearance for intervenor, Flying Tiger Line, Inc.
Before BAZELON, Chief Judge, FAHY, WASHINGTON, DANAHER, BURGER, WRIGHT, McGOWAN, TAMM and LEVENTHAL, Circuit Judges, sitting
United States Court of Appeals District of Columbia Circuit.
LEVENTHAL, Circuit Judge:
On August 7, 1964, the Civil Aeronautics Board,1 two members dissenting, issued a "policy statement" regulation (PS-24), providing that only all-cargo carriers may provide "blocked space service" — essentially the sale of space on flights at wholesale rates, when "blocked" or reserved by the user on an agreement to use a specified amount of space.2 Concomitantly, the Board vacated...
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