CONTINENTAL AIR LINES, INC. v. C. A. B.

Nos. 23560, 23561.

443 F.2d 745 (1971)

CONTINENTAL AIR LINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Frontier Airlines, Inc., Delta Air Lines, Inc., Intervenors. CONTINENTAL AIR LINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Delta Air Lines, Inc., National Airlines, Inc., Eastern Air Lines, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 12, 1971.


Attorney(s) appearing for the Case

Mr. Thomas D. Finney, Jr., Washington, D. C., with whom Mr. Lee M. Hydeman, Washington, D. C., was on the brief, for petitioner.

Mr. Warren L. Sharfman, Associate General Counsel Litigation and Research, Civil Aeronautics Board, with whom Messrs. Joseph B. Goldman, General Counsel at the time the brief was filed, O. D. Ozment, Associate General Counsel, 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. Louis Hayner Kurrelmeyer, New York City, with whom Messrs. R. S. Maurer, James W. Callison, Atlanta, Ga. and Robert Reed Gray were on the brief, for intervenor Delta Air Lines, Inc., in case No. 23,560.

Messrs. Richard A. Fitzgerald and Robert J. Corber, Washington, D. C., were on the brief for intervenor, Frontier Airlines, Inc., in case No. 23,560.

Mr. Robert Reed Gray, Washington, D. C., with whom Messrs. R. S. Maurer, James W. Callison, Atlanta, Ga., and Louis Hayner Kurrelmeyer, New York City, were on the brief, for intervenor, Delta Air Lines, Inc., in case No. 23,561.

Mr. Andrew T. A. MacDonald, Washington, D. C., entered an appearance for intervenor National Airlines, Inc., in case No. 23,561.

Messrs. George C. Neal and Brian C. Elmer, Washington, D. C., entered appearances for intervenor Eastern Air Lines, Inc., in case No. 23,561.

Before McGOWAN and ROBINSON, Circuit Judges, and MATTHEWS, Senior District Judge.


McGOWAN, Circuit Judge:

Continental Air Lines, Inc., presents two petitions seeking review of orders of the Civil Aeronautics Board making route awards. In No. 23,560, it complains of a grant of certificate authority to Delta Air Lines, Inc., between Dallas/Fort Worth and Phoenix. In No. 23,561, it challenges an award to the same carrier of a route between Houston and Miami. The orders under attack issued from two proceedings instituted by the Board under Section...

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