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ALASKA TRANSPORTATION COM'N v. ALASKA AIRLINES, INC.

No. 881.

431 P.2d 510 (1967)

ALASKA TRANSPORTATION COMMISSION, Neil G. Harper and William L. Burns, Commissioners, and Interior Airways, Inc., an Alaskan Corporation, Petitioners, v. ALASKA AIRLINES, INC., an Alaskan Corporation, and Northern Consolidated Airlines, Inc., Wien Alaska Airlines, Inc., et al., Respondents.

Supreme Court of Alaska.

September 5, 1967.

Attorney(s) appearing for the Case

D.A. Burr and Edgar Paul Boyko, Attys. Gen., Juneau, Andrew E. Hoge, Asst. Atty. Gen., Anchorage, for Alaska Transportation Commission.

J. H. Shortell, of Irvine & Shortell, Anchorage, and Charles Cole, Fairbanks, for Interior Airways, Inc., for petitioners.

William V. Cheek, Seattle, Wash., and R. J. McNealy, Anchorage, for Alaska Airlines, Inc.

J. L. McCarrey, Jr., Anchorage, for Northern Consoliated Airlines, for respondents.

Before NESBETT, C. J., DIMOND, J., and SANDERS, Superior Court Judge.

OPINION

NESBETT, Chief Justice.

We have granted the petition of Alaska Transportation Commission and Interior Airways, Inc. for review of a temporary injunction issued by the trial court against the commission. The injunction enjoined the commission from

ordering, granting, or issuing a temporary certificate or authority under the guise of a temporary exemption by virtue of Alaska Statute 02.05.060 to Interior Airways, Inc., for permission or authority...

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