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BRANIFF AIRWAYS, INCORPORATED v. C. A. B.

No. 20160.

379 F.2d 453 (1967)

BRANIFF AIRWAYS, INCORPORATED, Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Eastern Air Lines, Inc., Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided April 12, 1967.

Attorney(s) appearing for the Case

Mr. B. Howell Hill, Washington, D. C., with whom Mr. Alexander E. Bennett, Washington, D. C., was on the brief, for petitioner. Messrs. Paul Porter and Daniel A. Rezneck, Washington, D. C., also entered appearances for petitioner.

Mr. Warren L. Sharfman, Associate Gen. Counsel, Litigation and Legislation, C. A. B., with whom Asst. Atty. Gen. Donald F. Turner, Messrs. Joseph B. Goldman, Gen. Counsel, O. D. Ozment, Deputy Gen. Counsel, Burton S. Kolko, Atty., C. A. B., and Howard E. Shapiro, Atty., Dept. of Justice, were on the brief, for respondent.

Mr. Harold L. Russell, Atlanta, Ga., with whom Messrs. E. Smythe Gambrell, Atlanta, Ga., and George C. Neal, Washington, D. C., were on the brief, for intervenor.

Before DANAHER, McGOWAN and LEVENTHAL, Circuit Judges.

LEVENTHAL, Circuit Judge:

Nine years ago the Civil Aeronautics Board, respondent here, began extensive proceedings to determine new and improved air routes across the southern tier of states and to select the air carriers to serve these routes. Several carriers proposed regional service between principal cities in Texas and points in Florida. The Examiner recommended that this route be assigned to petitioner, Braniff Airways...

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