TEXAS INTERNATIONAL AIRLINES, INC. v. CIVIL AERONAUTICS BOARD

Nos. 71-1867, 71-1868.

473 F.2d 1150 (1972)

TEXAS INTERNATIONAL AIRLINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Southwest Airlines Company, Intervenor. BRANIFF AIRWAYS, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Southwest Airlines Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 11, 1972.


Attorney(s) appearing for the Case

Mr. Emory N. Ellis, Jr., Washington, D. C., for petitioner in No. 71-1867.

Mr. B. Howell Hill, Washington, D. C., with whom Messrs. David H. Lloyd and Frederick B. Abramson, Washington, D. C., were on the brief, for petitioner in No. 71-1868.

Mr. Robert L. Toomey, Atty., C. A. B., with whom Messrs. R. Tenney Johnson, Gen. Counsel, O. D. Ozmont, Deputy Gen. Counsel, Warren L. Sharfman, Associate Gen. Counsel, Litigation and Research, C. A. B., and Howard E. Shapiro and Robert B. Nicholson, Attys., Dept. of Justice, were on the brief, for respondent.

Mr. Paul Y. Seligson, Washington, D. C., with whom Mr. Paul M. Ruden, Washington, D. C., was on the brief, for intervenor.

Before BAZELON, Chief Judge, WILBUR K. MILLER, Senior Circuit Judge, and McGOWAN, Circuit Judge.


PER CURIAM:

Appellants Braniff Airways and Texas International Airways,1 federally certified air carriers, seek reversal of orders of the Civil Aeronautics Board dismissing their complaints against Southwest Airlines Company, a state certified air carrier. The complaints alleged that the purely intrastate operations of Southwest in three commercial air markets in Texas would adversely affect interstate carriers in competition with Southwest...

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