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TEXAS INTERNATIONAL AIRLINES, INC. v. C. A. B.

No. 24459.

458 F.2d 782 (1971)

TEXAS INTERNATIONAL AIRLINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided December 28, 1971.

Attorney(s) appearing for the Case

Mr. Emory T. Nunneley, Washington, D. C., with whom Mr. Frederick S. Hird, Jr., 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. R. Tenney Johnson, General Counsel, O. D. Ozment, Deputy General Counsel, Robert L. Toomey and Allen R. Frischkorn, Attorneys, Civil Aeronautics Board, were on the brief, for respondent. Mr. Howard E. Shapiro, Attorney, Department of Justice, entered an appearance for respondent.

Before BAZELON, Chief Judge, LEVENTHAL, Circuit Judge, and GOURLEY, Senior District Judge, for the Western District of Pennsylvania.

LEVENTHAL, Circuit Judge:

Petitioner Texas International Airlines, Inc. seeks review of an order of the Civil Aeronautics Board which required it to refund $296,792 of the subsidy payment which it received from the Government for 1966. The CAB orders established a class rate system providing for the payment of subsidy to local service carriers based on a formula, and subject to certain profit-sharing provisions. The year 1966 is governed by class rate III-A.

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