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

No. 23557.

442 F.2d 730 (1970)

DELTA AIRLINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Southern Airways, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 4, 1970.


Attorney(s) appearing for the Case

Mr. Robert Reed Gray, Washington, D. C., with whom Messrs. R. S. Maurer, James W. Callison, Atlanta, Ga., Louis Hayner Kurrelmeyer, New York City, and Benjamin R. Achenbach, Jr., Washington, D. C., were on the brief, for petitioner.

Mr. Robert L. Toomey, Atty., Civil Aeronautics Board, for respondent. Messrs. Joseph B. Goldman, General Counsel, Civil Aeronautics Board at the time the brief was filed, O. D. Ozment, Deputy General Counsel, Warren L. Sharfman, Associate General Counsel, Litigation and Research, J. Michael Roach, Atty., Civil Aeronautics Board, and Howard E. Shapiro, Atty., Department of Justice, were on the brief, for respondent. Mr. R. Tenney Johnson, General Counsel, Civil Aeronautics Board, also entered an appearance for respondent.

Mr. Cecil A. Beasley, Jr., Washington, D. C., with whom Messrs. John Law Elliott and John C. Smuck, Washington, D. C., were on the brief, for intervenor.

Mr. Joseph D. Sullivan, Washington, D. C., filed a brief on behalf of the City of Memphis, Tennessee, and the Memphis Area Chamber of Commerce, as amici curiae.

Before ROBB and WILKEY, Circuit Judges, and DAVIS, Judge, United States Court of Claims.


WILKEY, Circuit Judge:

Petitioner, Delta Airlines, Inc., seeks judicial review of the Civil Aeronautics Board Final Order and Order on Reconsideration in its Southern Airways, Inc., Route Realignment Investigation,1 which awarded new airline routes to Southern Airways, Inc., Intervenor, and denied such new authority to Delta.

The Board's two orders2...

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