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

No. 23988.

442 F.2d 862 (1971)

NATIONAL AIR CARRIER ASSOCIATION et al., Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent, Trans World Airlines, Inc., Pan American World Airways (Pan American), Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 9, 1971.


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. Warren L. Sharfman, Associate General Counsel, Litigation and Research, Civil Aeronautics Board, with whom Messrs. O. D. Ozment, Deputy General Counsel, Robert L. Toomey and J. Michael Roach, Attys., Civil Aeronautics Board, and Mr. 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. Ulrich V. Hoffmann, Washington, D. C., entered an appearance for intervenor Trans World Airlines, Inc.

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

Before McGOWAN, TAMM and ROBB, Circuit Judges.


McGOWAN, Circuit Judge:

On this petition for review of two orders issued by the Civil Aeronautics Board, we resume our consideration of issues foreshadowed in National Air Carrier Association, et al. v. CAB, 141 U.S. App.D.C. 31, 436 F.2d 185, which we decided on May 28, 1970, less than a year ago. We referred there to the significantly more limited role which Congress has assigned the Board in supervising international air transportation...

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