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KODIAK AIRWAYS, INC. v. C. A. B.

No. 24483.

447 F.2d 341 (1971)

KODIAK AIRWAYS, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent. Wien Consolidated Airlines, Inc., Western Air Lines, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 19, 1971.

Attorney(s) appearing for the Case

Mr. Jerrold Scoutt, Jr., Washington, D. C., for petitioner. Mr. Warren C. Nighswander, Washington, D. C., also entered an appearance for petitioner.

Mr. O. D. Ozment, Deputy Gen. Counsel, Civil Aeronautics Board, with whom Messrs. R. Tenney Johnson, Gen. Counsel, Warren L. Sharfman, Associate Gen. Counsel, Litigation and Research, and Ivars V. Mellups, Atty., Civil Aeronautics Board, were on the brief, for respondent. Mr. Howard E. Shapiro, Atty., Department of Justice, also entered an appearance for respondent.

Mr. Theodore I. Seamon, Washington, D. C., with whom Mr. Gerald P. O'Grady, Los Angeles, Cal., was on the brief, for intervenors. Mr. Joseph D. Sullivan, Washington, D. C., also entered an appearance for intervenor Wien Consolidated Airlines, Inc. Mr. Ernest T. Kaufmann, Washington, D. C., also entered an appearance for intervenor Western Air Lines, Inc.

Before TAMM, MacKINNON and WILKEY, Circuit Judges.

TAMM, Circuit Judge:

In its Order 70-7-113, dated July 23, 1970, the Civil Aeronautics Board (hereinafter "the Board") allowed Western Air Lines, Inc. (hereinafter "Western") to temporarily suspend service on a certain intra-Alaskan air route. In the same order the Board granted Wien Consolidated Airways, Inc. (hereinafter "Wien") a temporary exemption from the certification requirements of section 401 of the Federal Aviation Act of 1958, 49 U.S.C. § 1371 (1964...

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