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PAN AMERICAN WORLD AIRWAYS, INC. v. C.A.B.

Nos. 20860, 21149.

392 F.2d 483 (1968)

PAN AMERICAN WORLD AIRWAYS, INC. and Trans World Airlines, Inc., Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent, Sudflug Suddeutsche Fluggesellschaft mbH, Intervenor. PAN AMERICAN WORLD AIRWAYS, INC. and Trans World Airlines, Inc., Appellants, v. Robert T. MURPHY et al., Appellees, Sudflug Suddeutsche Fluggesellschaft mbH, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided January 31, 1968.

Attorney(s) appearing for the Case

Mr. William E. Miller, Washington, D. C., with whom Messrs. Richard P. Taylor, James V. Dolan and Hubert A. Schneider, Washington, D. C., were on the brief, for petitioners in No. 20,860 and appellants in No. 21,149.

Mr. O. D. Ozment, Deputy General Counsel, Civil Aeronautics Board, with whom Asst. Atty. Gen. Donald F. Turner and Messrs. Joseph B. Goldman, General Counsel, Warren L. Sharfman, Associate General Counsel, Litigation and Legislation, and Robert L. Toomey, Attorney, Civil Aeronautics Board, and Howard E. Shapiro, Attorney, Department of Justice, were on the brief, for respondent in No. 20,860 and appellees in No. 21,149.

Mr. Paul Reiber, Washington, D. C., with whom Mr. Mario F. Escudero, Washington, D. C., was on the brief, for intervenor.

Before EDGERTON, Senior Circuit Judge, and WRIGHT and ROBINSON, Circuit Judges.

J. SKELLY WRIGHT, Circuit Judge.

These consolidated appeals challenge a single order of the Civil Aeronautics Board (Order E-24697) adopted under Section 402 of the Federal Aviation Act, 49 U.S.C. § 1372 (1964 ed.), and approved by the President under Section 801 of the Act, 49 U.S.C. § 1461 (1964 ed.), temporarily authorizing a small German airline, Sudflug,1 to fly inclusive tour charters from Germany to the United States....

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