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

Nos. 23232, 23233, 23481, 23482.

444 F.2d 969 (1971)

TEXAS INTERNATIONAL AIRLINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, American Airlines, Inc., et al., Intervenors, Southern Airways, Inc. and Beaumont, Texas Chamber of Commerce, et al., Intervenors. TEXAS INTERNATIONAL AIRLINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Delta Air Lines Inc., et al., Intervenors. The CITIES OF TEXARKANA, TEXAS AND TEXARKANA, ARKANSAS, et al., Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent, Delta Air Lines, and Southern Airways, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 30, 1971.

Petition for Rehearing Denied June 2, 1971.


Attorney(s) appearing for the Case

Mr. James M. Verner, Washington, D. C., with whom Messrs. Ronald B. Natalie, and William C. Evans, Washington, D. C., were on the brief, for petitioner in Nos. 23,232 and 23,233.

Mr. Paul Reiber, Washington, D. C., with whom Mr. Julius Schlezinger, Washington, D. C., was on the brief, for petitioners in Nos. 23,481 and 23,482.

Mr. Frederick D. Houghteling, Attorney, Civil Aeronautics Board, with whom Messrs. Joseph B. Goldman, General Counsel, Civil Aeronautics Board at the time the brief was filed, O. D. Ozment, Deputy General Counsel, Warren L. Sharfman, Associate General Counsel Litigation and Research, Robert L. Toomey and James E. Keough, Attorneys, Civil Aeronautics Board, and Howard E. Shapiro, Attorney, Department of Justice, were on the brief, for respondent. Mr. R. Tenney Johnson, General Counsel, Civil Aeronautics Board, also entered an appearance for respondent in No. 23,482.

Mr. J. William Doolittle, Washington, D. C., with whom Mr. Alfred V. J. Prather, Washington, D. C., was on the brief, for intervenor, American Airlines Inc., in No. 23,232.

Mr. Robert J. Corber, Washington, D. C., with whom Mr. Richard A. Fitzgerald was on the brief, for intervenor, Frontier Airlines Inc., in Nos. 23,232 and 23,233.

Mr. Cecil A. Beasley, Jr., Washington, D. C., with whom Messrs. John Law Elliott and John C. Smuck, Washington, D. C., were on the brief, for intervenor, Southern Airways, Inc.

Mr. Maurice D. Dyer, Little Rock, Ark., was on the brief for intervenors, City of Little Rock, Arkansas, Little Rock Municipal Airport Commission and Little Rock Chamber of Commerce.

Mr. Richard H. Wootton, Hot Springs, Ark., was on the brief for intervenors, City of Hot Springs, Arkansas, and the Hot Springs Chamber of Commerce in No. 23,233.

Messrs. Robert Reed Gray, Washington, D. C., R. S. Maurer, Atlanta, Ga., and Jame W. Callison, Atlanta Airport, entered appearances for intervenor, Delta Air Lines, in Nos. 23,232, and 23,233.

Before WILBUR K. MILLER, Senior Circuit Judge, ROBB, Circuit Judge, and DAVIS, Judge, United States Court of Claims.


Petition for Rehearing in Nos. 23481, 23482 Denied June 2, 1971.

PER CURIAM:

These cases are consolidated petitions under 49 U.S.C. § 1486 (1964), to review decisions of the Civil Aeronautics Board in two new route cases known as Central Airlines, Inc., Route 81 Investigation (Central 81 case) and the Gulf States-Midwest Points Investigation (Gulf States). The petitioners are Texas International Airlines1 (Texas International...

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