FRONTIER AIRLINES, INC v. CIVIL AERONAUTICS BOARD

No. 23822.

439 F.2d 634 (1971)

FRONTIER AIRLINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Texas International Airlines, Inc., City of Houston, et al., Utah Agencies, Continental Air Lines, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 27, 1971.


Attorney(s) appearing for the Case

Mr. Robert J. Corber, Washington, D. C., with whom Mr. Richard A. Fitzgerald, Denver, Colo., was on the brief, for petitioner.

Mr. J. Michael Roach, Washington, D. C., for respondent. Messrs. Joseph B. Goldman, General Counsel, Civil Aeronautics Board at the time the brief was filed, O. D. Ozment, Deputy Gen. Counsel, Warren L. Sharfman, Associate General Counsel, Litigation and Research, Robert L. Toomey and James E. Keough, Attys., 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. Frederick S. Hird, Jr., Washington, D.C., with whom Mr. Emory T. Nunneley, Washington, D.C., was on the brief, for intervenor Texas International Airlines, Inc.

Mr. Vernon B. Romney, Salt Lake City, Utah, was on the brief for intervenor Utah Agencies.

Mr. Herman F. Scheurer, Jr., Washington, D.C., was on the brief for intervenor Continental Air Lines, Inc.

Messrs. Cecil A. Beasley, Jr., and John Law Elliott, Washington, D.C., entered appearances for intervenors City of Houston, et al.

Before McGOWAN and ROBINSON, Circuit Judges, and CHRISTENSEN, U. S. District Judge, District of Utah.


McGOWAN, Circuit Judge:

Under review is an airline route award order issued by the Civil Aeronautics Board in a proceeding known as the Reopened Pacific Northwest-Southwest Service Investigation. Petitioner Frontier Airlines complains of the Board's order extending to Salt Lake City an earlier award of a new Denver-Southwest route to intervenor Texas International Airlines (TXI), and denying an alternative proposal of Frontier that its Salt Lake City-Denver...

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