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

Nos. 73-1377, 73-1387, 73-1391, 73-1414, 73-1449 and 73-1498.

497 F.2d 608 (1973)

DELTA AIR LINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Continental Air Lines, Inc., et al., Intervenors. BRANIFF AIRWAYS, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Continental Air Lines, Inc., et al., Intervenors. TEXAS INTERNATIONAL AIRLINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, The City of Houston et al., Intervenors. EASTERN AIR LINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Continental Air Lines, Inc., et al., Intervenors. NATIONAL AIRLINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Continental Air Lines, Inc., et al., Intervenors. AMERICAN AIRLINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, City of Houston et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 23, 1973.

As Amended on Denial of Rehearing November 20, 1973.


Attorney(s) appearing for the Case

Robert Reed Gray, Washington, D.C., with whom James W. Callison, Atlanta, Ga., and Louis Hayner Kurrelmeyer, Washington, D.C., were on the brief, for petitioner, No. 73-1377, Delta Air Lines, Inc. Nathaniel P. Breed, Jr., Washington, D.C., also entered an appearance for petitioner, No. 73-1377, Delta Air Lines, Inc.

Andrew T. A. MacDonald, Washington, D.C., for petitioner in No. 73-1449, National Airlines, Inc., and Intervenor in Nos. 73-1377, 73-1387, and 73-1391.

James M. Verner, Washington, D.C., with whom John L. Richardson and Stuart F. Pierson, Washington, D.C., were on the brief, for petitioner in No. 73-1391, Texas International Airlines.

Roy Nerenberg, Washington, D.C., with whom Robert N. Duggan, Washington, D.C., for petitioner in No. 73-1414, Eastern Air Lines, Inc.

B. Howell Hill, Jr., Washington, D. C., with whom Patrick F. J. Macrory and Stephen M. Sacks, Washington, D.C., were on the brief, for petitioner in No. 73-1387, Braniff Airways, Inc.

Ky P. Ewing, Jr., Washington, D.C., with whom Alfred V. J. Prather, Washington, D.C., was on the brief, for petitioner in No. 73-1498, American Airlines, Inc.

O. D. Ozment, Deputy Gen. Counsel, C.A.B., with whom Richard Littell, Gen. Counsel, Robert L. Toomey, Atty., C.A. B. and Howard E. Shapiro, Atty., Dept. of Justice, were on the brief, for respondent. R. Tenney Johnson and Warren L. Sharfman, Attys., C.A.B., also entered appearances for respondent.

Thomas D. Finney, Jr., Washington, D.C., with whom Lee M. Hydeman, Washington, D.C., was on the brief, for Intervenor, Continental Air Lines, Inc.

Herman F. Scheurer, Jr., and John J. McLaughlin, III, Washington, D.C., were on the brief, for intervenor, El Paso Civil Interests.

Albert F. Grisard, Washington, D. C., for intervenors, The City of Phoenix, Ariz., The Phoenix Chamber of Commerce and The Tucson (Ariz.) Airport Authority in No. 73-1377.

Robert M. Beckman, Washington, D. C., for intervenors, The Cities and Chambers of Commerce of Midland and Odessa, Tex.

Cecil A. Beasley, Jr., and John C. Smuck, Washington, D. C., were on the brief, for intervenors, City of Houston, Tex., and Houston Chamber of Commerce.

Albert F. Beitel and Roger C. Ohlrich, Washington, D.C., were on the brief, for intervenors, City of San Antonio and Greater San Antonio Chamber of Commerce, in Nos. 73-1377, 73-1387 and 73-1391.

Before BAZELON, Chief Judge, and LEVENTHAL and ROBINSON, Circuit Judges.


LEVENTHAL, Circuit Judge:

Petitioners, six air carriers, seek review of the Civil Aeronautics Board's decision in the Southern Tier Competitive Non-Stop Investigation (Houston-Miami base) by which the Board determined that there was a need for non-stop service in competition with National Airlines between Miami and Houston, and selected Continental Air Lines to provide such service.1

I.

Petitioners raise various...

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