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COUNTY OF SULLIVAN, N.Y. v. C. A. B.

No. 467, Docket 35585.

436 F.2d 1096 (1971)

The COUNTY OF SULLIVAN, N. Y. and the Sullivan County Airport Commission, Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent, and The State of New York and Mohawk Airlines, Inc., Intervenors.

United States Court of Appeals, Second Circuit.

Decided January 4, 1971.

Attorney(s) appearing for the Case

Don W. Crockett, Washington, D. C. (Robert M. Beckman, Washington, D. C., Carl P. Goldstein, Atty., County of Sullivan, Monticello, N. Y., and Theodore Drew, Asst. Sullivan County Atty., Monticello, N. Y., of counsel), for petitioners.

J. Michael Roach, Atty., Civil Aeronautics Board, Washington, D. C. (Richard W. McLaren, Asst. Atty. Gen., Gregory B. Hovendon, Atty., Dept. of Justice, Washington, D. C., R. Tenney Johnson, Gen. Counsel, Civil Aeronautics Board, Washington, D. C., O. D. Ozment, Deputy Gen. Counsel, Warren L. Sharfman, Associate Gen. Counsel, Litigation and Research, and Robert L. Toomey, Atty., Civil Aeronautics Board, Washington, D. C., of counsel), for respondent.

Philip Weinberg, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of N. Y., of counsel), for intervenor State of New York.

Raymond J. Rasenberger, Washington, D. C. (Frank J. Costello, Zuckert, Scoutt & Rasenberger, Washington, D. C., of counsel), for intervenor Mohawk Airlines, Inc.

Before FRIENDLY, SMITH and ANDERSON, Circuit Judges.

FRIENDLY, Circuit Judge:

This petition to review an order of the Civil Aeronautics Board concerns the rendition of air service by Mohawk Airlines, Inc. to Liberty/Monticello in Sullivan County, New York, an important resort area in the Catskill Mountains.

Mohawk's authority to serve Liberty/Monticello, sometimes hereafter referred to as the Sullivan County Airport, dates back to 1952 when the Board granted certificate authority to Mohawk's corporate predecessor...

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