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

No. 591, Docket 32933.

412 F.2d 8 (1969)

MOHAWK AIRLINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, and Allegheny Airlines, Inc., Intervenor.

United States Court of Appeals Second Circuit.

Decided June 5, 1969.

Attorney(s) appearing for the Case

Raymond J. Rasenberger, Zuchert, Scoutt & Rasenberger, Washington, D. C., for petitioner.

Warren L. Sharfman, Associate General Counsel, Litigation and Research, Civil Aeronautics Board (Richard W. McLaren, Asst. Atty. Gen., and Howard E. Shapiro, Attorney, Department of Justice, Joseph B. Goldman, General Counsel, O. D. Ozment, Deputy General Counsel, Robert L. Toomey, Attorney, and James M. Upton, Attorney, Civil Aeronautics Board, on the brief), for respondent.

William L. Howard, Jr., Washington, D. C. (Edwin I. Colodny, Washington, D. C., on the brief), for intervenor.

Before WATERMAN, SMITH and KAUFMAN, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

Mohawk Airlines, Inc. (Mohawk) petitions this court to review and set aside that portion of Civil Aeronautics Board Order No. 68-9-73 which granted to Allegheny Airlines, Inc. (Allegheny) a revised certificate of public convenience and necessity authorizing it to provide nonstop service between the following three pairs of junctions: 1) Islip, New York — Cleveland, Ohio, 2) Islip, New York — Detroit, Michigan, and 3...

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