NATIONAL AIRLINES, INC. v. C. A. B.

Nos. 21373, 21374.

392 F.2d 504 (1968)

NATIONAL AIRLINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, City of Albuquerque and the Albuquerque Chamber of Commerce, Titusville-Cocoa Airport Authority, Huntsville-Madison Airport Authority, United Air Lines, Inc., Continental Airlines, Inc., Intervenors. DELTA AIR LINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Continental Airlines, Inc., United Air Lines, Inc., Intervenors.

United States Court of Appeals District of Columbia Circuit.

February 29, 1968.


Attorney(s) appearing for the Case

Messrs. Andrew T. A. Macdonald and F. David Lake, Jr., Washington, D. C., were on the pleadings for petitioners in No. 21,373.

Messrs. Richard S. Maurer, Atlanta, Ga., Robert Reed Gray, Washington, D. C., James W. Callison, Atlanta, Ga., and David A. Heymsfeld, Washington, D. C., were on the pleadings for petitioner in No. 21,374.

Messrs. Joseph B. Goldman, General Counsel, and Robert L. Toomey, Attorney, Civil Aeronautics Board, and Howard E. Shapiro, Attorney, Department of Justice, were on the pleadings for respondent. Messrs. O. D. Ozment, Deputy General Counsel, and Warren L. Sharfman, Assistant General Counsel, Civil Aeronautics Board, also entered appearances for respondent.

Mr. Albert F. Beitel, Washington, D. C., was on the pleadings for intervenors City of Albuquerque and the Albuquerque Chamber of Commerce in No. 21,373.

Mr. Craig Mathews, Washington, D. C., was on the pleadings for intervenor Titusville-Cocoa Airport Authority in No. 21,373. Mr. Markham Ball, Washington, D. C., also entered an appearance for intervenor Titusville-Cocoa Airport Authority in No. 21,373.

Mr. Markham Ball, Washington, D. C. was on the pleadings for intervenor Huntsville-Madison Airport Authority in No. 21,373. Mr. Craig Mathews, Washington, D. C., also entered an appearance for intervenor Huntsville-Madison Airport Authority in No. 21,373.

Messrs. William M. Dickson, Chicago, Ill., and James Francis Reilly, Washington, D. C., were on the pleadings for intervenor United Air Lines, Inc.

Messrs. Lee M. Hydeman, Harold E. Mesirow, Chicago, Ill., and C. Edward Leasure, Washington, D. C., were on the pleadings for intervenor Continental Airlines, Inc.

Before FAHY, Senior Circuit Judge, and WRIGHT and LEVENTHAL, Circuit Judges.


PER CURIAM:

Petitioners seek review of several orders of the Civil Aeronautics Board consolidating and excluding route applications with a resulting delineation of five comparative proceedings all focusing on service between various points in the South.1 Contending that the challenged orders constitute an abuse of discretion and deprivation of rights guaranteed under Ashbacker Radio Corporation...

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