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OVERSEAS NATIONAL AIRWAYS, INC. v. C. A. B.

No. 683, Docket 33851.

426 F.2d 725 (1970)

OVERSEAS NATIONAL AIRWAYS, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Saturn Airways, Inc., Universal Airlines, Inc., Seaboard World Airlines, Inc., Intervenors.

United States Court of Appeals, Second Circuit.

Decided May 25, 1970.

Attorney(s) appearing for the Case

Leonard N. Bebchick, Washington, D. C., for intervenor Saturn Airways, Inc.

Stephen D. Potts, Washington, D. C., for petitioner.

Paul Y. Seligson, Washington, D. C., for intervenor Universal Airlines, Inc.

John Michael Roach, Atty., Civil Aeronautics Board (Richard W. McLaren, Asst. Atty. Gen., Howard E. Shapiro, Atty., Dept. of Justice, Joseph B. Goldman, Gen. Counsel, Civil Aeronautics Board, O. D. Ozment, Deputy Gen. Counsel, Warren L. Sharfman, Associate Gen. Counsel, Litigation and Research, on the brief), for respondent.

Dudley B. Tenney, New York City, (Cahill, Gordon, Sonnett, Reindel & Ohl, Irwin Schneiderman, Philip R. Forlenza, New York City, Fisher, Gelband & Rodriguez, Washington, D. C., on the brief), for intervenor Seaboard World Airlines, Inc.

Before KAUFMAN and FEINBERG, Circuit Judges, and TIMBERS, District Judge.

FEINBERG, Circuit Judge.

Petitioner Overseas National Airways, Inc. ("ONA") and intervenors Saturn Airways, Inc. and Universal Airlines, Inc., collectively referred to as petitioners, seek review of two orders of the Civil Aeronautics Board, which refused to expand the scope of a proceeding before the Board. We hold that the orders are not final, and accordingly dismiss the petition for review.

I.

Petitioners are all parties in the Transatlantic...

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