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

No. 20543.

441 F.2d 892 (1971)

OZARK AIR LINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent.

United States Court of Appeals, Eighth Circuit.

Rehearing Denied June 2, 1971.

Attorney(s) appearing for the Case

Paul L. Bradshaw, Thom G. Field, Neale, Newman, Bradshaw & Freeman, Springfield, Mo., for petitioner.

Warren L. Sharfman, Associate Gen. Counsel, Litigation and Research, Richard W. McLaren, Asst. Atty. Gen., Gregory B. Hovendon, Harry First, Attys., Dept. of Justice, R. Tenney Johnson, Gen. Counsel, O. D. Ozment, Deputy Gen. Counsel, Robert L. Toomey, Allen R. Frischkorn, Jr., Attys., C. A. B., Washington, D. C., for respondent.

Before ALDRICH, LAY and BRIGHT, Circuit Judges.

ALDRICH, Circuit Judge.

This dispute between Ozark Air Lines, Inc. and the Civil Aeronautics Board can be reduced to a relatively simple basic issue. Ozark, and a number of other so-called local service airlines in other parts of the country, for years have required subsidization, determined by "need." Federal Aviation Act of 1958, as amended, 49 U.S.C. § 1376(b). Prior to 1961 this was effected on an individual basis, but the resulting problems led to the adoption...

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