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

No. 71-1515.

455 F.2d 1340 (1971)

DELTA AIR LINES, INC., National Airlines, Inc., Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent, Eastern Air Lines, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 1, 1971.


Attorney(s) appearing for the Case

Mr. Robert Reed Gray, Washington, D. C., with whom Messrs. James W. Callison, Atlanta, Ga., and Benjamin R. Achenbach, Jr., Washington, D. C., were on the brief, for petitioner Delta Air Lines, and Mr. Andrew T. A. Macdonald, Washington, D. C., was on the brief for petitioner National Airlines, Inc.

Mr. Warren L. Sharfman, Associate General Counsel, Litigation and Research, with whom Messrs. R. Tenney Johnson, General Counsel, and O. D. Ozment, Deputy General Counsel, Civil Aeronautics Board, were on the brief, for respondent.

Mr. Philip A. Fleming, Washington, D. C., was on the brief for intervenor Eastern Air Lines, Inc.

Mr. Howard E. Shapiro, Atty., Department of Justice, entered an appearance for respondent.

Before BAZELON, Chief Judge, and McGOWAN and WILKEY, Circuit Judges.


WILKEY, Circuit Judge:

Petitioners seek review of an order of the Civil Aeronautics Board1 of 24 June 1971 dismissing the complaints of Delta Airlines, Inc., and other carriers regarding the new conditional reservation tariff filed by Eastern, to become effective 1 July 1971 for a nine-month experimental period. On its facts this case is simple, and presents essentially two issues:

1...

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