HUGHES AIR CORPORATION v. C. A. B.

Nos. 26411, 26412.

482 F.2d 143 (1973)

HUGHES AIR CORPORATION, d/b/a Air West, Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent.

United States Court of Appeals, Ninth Circuit.

May 29, 1973.


Attorney(s) appearing for the Case

William C. Burt (argued), Leon M. Kestenbaum, of Koteen & Burt, Washington, D. C., Arthur M. Taylor, San Francisco, Cal., for petitioner.

Warren L. Sharfman, Associate Gen. Counsel (argued), Litigation and Research, C. A. B., Richard W. McLaren, Asst. Atty. Gen., Dept. of Justice, Howard E. Shapiro, Chief, Appellate Section, Antitrust Div., Dept. of Justice, Postmaster General, U.S. Post Office Dept., R. Tenney Johnson, Gen. Counsel, O. D. Ozment, Deputy Gen. Counsel, Robert L. Toomey, Alan R. Demby, C. A. B., Gregory B. Hovendon, Harry First, Dept. of Justice, Washington, D. C., for respondent.

Before ELY, WRIGHT and WALLACE, Circuit Judges.


WALLACE, Circuit Judge:

Hughes Air Corporation, d/b/a Air West, seeks review of the orders1 of the Civil Aeronautics Board (CAB) which require it, as successor in interest to three airlines (Bonanza, Pacific and West Coast),2 to refund to the government over $1 million of the subsidies its predecessors received for the years 1964-1966. We have jurisdiction to review the orders. 49 U.S.C. § 1486. Applying...

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