SATURN AIRWAYS, INC., Petitioner,
v.
CIVIL AERONAUTICS BOARD, Respondent,
Dan-Air Services, Ltd., et al., Intervenors.
Lynn Michelle TSCHIRHART and Paul Jeffrey Tschirhart, Petitioners,
v.
CIVIL AERONAUTICS BOARD, Respondent,
Americans For Charter Travel et al., Intervenors.
NATIONAL AIR CARRIER ASSOCIATION, INC., et al., Petitioners,
v.
CIVIL AERONAUTICS BOARD, Respondent,
Dan-Air Services, Ltd., et al., Intervenors.
TRANSWORLD AIRLINES, INC., Petitioner,
v.
CIVIL AERONAUTICS BOARD, Respondent,
Lynn M. Tschirhart et al., Intervenors.
PAN AMERICAN WORLD AIRWAYS INC., Petitioner,
v.
CIVIL AERONAUTICS BOARD, Respondent,
National Air Carrier Association, Inc., et al., Intervenors.
AMERICAN AIRLINES, INC., Petitioner,
v.
CIVIL AERONAUTICS BOARD, Respondent,
National Air Carrier Association, Inc., et al., Intervenors.
AMERICAN SOCIETY OF TRAVEL AGENTS, INC., Petitioner,
v.
CIVIL AERONAUTICS BOARD, Respondent,
National Air Carrier Association, Inc. and Overseas National Airways, Inc.,
Saturn Airways, Inc., et al., Intervenors.
MASTER EXECUTIVE COUNCIL OF the AIR LINE PILOTS IN the EMPLOY OF UNITED AIR LINES, INC., Petitioner,
v.
CIVIL AERONAUTICS BOARD, Respondent,
National Air Carrier Association, Inc., et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 24, 1973.
Decided July 11, 1973.
Attorney(s) appearing for the Case
Robert M. Lichtman, Washington, D. C., with whom Jerry D. Anker, Washington, D.C., was on the brief, for petitioners in Nos. 72-1904 and 72-1908 and intervenor National Air Carrier Assn., Inc., et al., in Nos. 72-2042, 72-2043, 72-2044, 72-2127 and 72-2129. Paul M. Ruden and Paul Y. Seligson, Washington, D.C., also entered appearances for petitioners in Nos. 72-1904 and 72-1905.
Harold L. Warner, Jr., New York City, of the bar of the Court of Appeals of New York pro hac vice by special leave of Court, with whom Edmund E. Harvey and Jerry W. Ryan, New York City, were on the brief for petitioners in Nos. 72-2042, 72-2043, and 72-2044.
Warren L. Sharfman, Associate Gen. Counsel, Litigation and Research, C. A. B., with whom Thomas E. Kauper, Asst. Atty. Gen., R. Tenney Johnson, General Counsel, O. D. Ozment, Deputy Gen. Counsel, Robert L. Toomey, Alan R. Demby, and Arnold Lav, Attys., C. A. B., were on the brief for respondent.
Paul Y. Seligson, Washington, D.C., was on the brief for petitioners in No. 72-1905.
Charles A. Hobbs and Paul S. Quinn, Washington, D.C., were on the brief for petitioners in No. 72-2127.
Richard F. Watt, Chicago, Ill., was on the brief for petitioners in No. 72-2129.
Lester M. Bridgeman and Jeffrey M. Lang, Washington, D.C., were on the brief for intervenor, Dan-Air Services, Ltd., in Nos. 72-1904, 72-1908, 72-2042 and 72-2043.
Benny L. Kass, Washington, D.C., was on the brief for intervenor, Americans for Charter Travel, in Nos. 72-1904, 72-1905, 72-1908, 72-2042, 72-2043 and 72-2044.
Theodore I. Seamon, Joseph D. Sullivan and Lawrence D. Wasko, Washington, D.C., were on the brief for intervenor, Capitol International Airways, Inc., in Nos. 72-1904, 72-1905, 72-1908, 72-2042, 72-2043, 72-2044, 72-2127 and 72-2129.
Sanford Peyser, New York City, filed a brief on behalf of Louis J. Lefkowitz, Atty. Gen., of the State of New York, as amicus curiae urging affirmance.
Howard E. Shapiro, Atty., Department of Justice, entered an appearance for the United States of America.
John W. Simpson, Koteen & Burt, Washington, D. C., entered an appearance for intervenor, McCulloch International Airlines, Inc., in No. 72-1904.
Edmund E. Harvey, New York City, entered an appearance for intervenors, Braniff Airways, Inc. et. al., in Nos. 72-2042, 72-2043 and 72-2044.
Before TAMM and ROBB, Circuit Judges, and DAVIES, Senior United States District Judge for the District of North Dakota.
United States Court of Appeals, District of Columbia Circuit.
TAMM, Circuit Judge:
"This case presents essentially a question of statutory construction. It grows out of the protracted and absorbing battle over the years between the regularly scheduled airlines and the so-called `supplemental' airlines." Almost seven years ago we introduced our opinion in American Airlines, Inc. v. CAB, 125 U.S.App. D.C. 6, 365 F.2d 939, 940 (1966), with those two sentences; we find them an equally appropriate...
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