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NATIONAL AIR CARRIER ASSOCIATION v. C. A. B.

No. 23012.

436 F.2d 185 (1970)

NATIONAL AIR CARRIER ASSOCIATION, American Flyers Airline Corporation, Capitol International Airways, Inc., Overseas National Airways, Inc., Saturn Airways, Inc., Trans International Airline, Inc., World Airways, Inc., Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent, Pan American World Airways, Inc., Trans World Airlines, Inc., Creative Tour Operators Association, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 28, 1970.

Attorney(s) appearing for the Case

Mr. Robert M. Lichtman, Washington, D. C., with whom Mr. Jerry D. Anker, Washington, D. C., was on the brief, for petitioners. Mr. Leonard N. Bebchick, Washington, D. C., also entered an appearance for petitioners.

Mr. Warren L. Sharfman, Associate Gen. Counsel, Litigation and Research, Civil Aeronautics Board, with whom Messrs. Joseph B. Goldman, Gen. Counsel, O. D. Ozment, Deputy Gen. Counsel, and Robert L. Toomey, Attorney, Civil Aeronautics Board, were on the brief, for respondent. Mr. Howard E. Shapiro, Attorney, Department of Justice, also entered an appearance for respondent.

Mr. Robert N. Duggan, Washington, D. C., entered an appearance for intervenor, Pan American World Airways, Inc.

Mr. Ulrich V. Hoffman entered an appearance for intervenor, Trans World Airlines, Inc.

Mr. Andrew L. Frey entered an appearance for intervenor, Creative Tour Operators Assn.

Before McGOWAN, TAMM and ROBB, Circuit Judges.

TAMM, Circuit Judge:

In this petition we are confronted with the question of whether the Civil Aeronautics Board erred in approving without a hearing certain transatlantic fare agreements adopted by the member air carriers of the International Air Transport Association. For the reasons hereinafter stated, we hold that the Commission's action must be affirmed in part and reversed in part.

I. THE FARE AGREEMENT

The International Air Transport Association...

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