ABC AIR FREIGHT COMPANY, Inc., et al., Petitioners,
v.
CIVIL AERONAUTIC BOARD, Respondent, and
CF Air Freight, Inc.; Consolidated Freightways, Inc.; P.I.E. Air Freight Forwarding, Inc.; Pacific Intermountain Express Co.; and Navajo Freight Lines, Inc.; Yellow Freight System, Inc.; Global Air Cargo, Ltd.; Gateway Transportation Co., Inc. and Gateway Aviation, Inc., Intervening Respondents.
United States Court of Appeals Second Circuit.https://leagle.com/images/logo.png
Argued September 16, 1969.
Decided October 24, 1969.
Certiorari Denied March 30, 1970.
Attorney(s) appearing for the Case
Louis P. Haffer and Robert N. Meiser, Washington, D. C. (Andrew P. Goldstein, Washington, D. C., and Paul Berger, New York City, of counsel), for petitioners.
O. D. Ozment, Deputy Gen. Counsel, Washington, D. C. (Warren L. Sharfman, Assoc. Gen. Counsel, Litigation and Research, J. Michael Roach and James Keough, Attys., Civil Aeronautics Bd., Richard W. McLaren, Asst. Atty. Gen., Howard E. Shapiro, Atty., Dept. of Justice, Joseph B. Goldman, Gen. Counsel, Civil Aeronautics Bd., Washington, D. C., of counsel), for respondent.
John H. Wanner and Eugene T. Liipfert, Washington D. C. (Verner, Liipfert, Bernhard & McPherson, Washington, D. C., of counsel), Raymond J. Rasenberger, Washington, D. C. (Zuckert, Scoutt & Rasenberger, Washington, D. C., of counsel), and Robert J. Sisk, New York City (Hughes, Hubbard, Blair & Reed, New York City, New York, of counsel), for intervening respondents CF Air Freight, Inc., Consolidated Freightways, Inc., P.I.E. Air Freight Forwarding, Inc., Pacific Intermountain Express Co., and Navajo Freight Lines, Inc.
Homer S. Carpenter, Washington, D. C., for intervening respondents, Yellow Freight System, Inc., Global Air Cargo, Ltd., Gateway Transportation Co., Inc., and Gateway Aviation, Inc.
Before LUMBARD, Chief Judge, FRIENDLY and KAUFMAN, Circuit Judges.
United States Court of Appeals Second Circuit.
Certiorari Denied March 30, 1970. See 90 S.Ct. 1233.
FRIENDLY, Circuit Judge:
In A. B. C. Air Freight Company v. C. A. B., 391 F.2d 295 (1968), this court vacated an order of the Civil Aeronautics Board dealing with applications of motor carriers to operate as freight forwarders. The Board, with Vice Chairman Murphy dissenting, had granted applications of three long-distance truckers or their subsidiaries to act as air freight...
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