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DAN-AIR SERVICES, LTD. v. C. A. B.

Nos. 72-1666, 72-1786, 72-1770.

475 F.2d 408 (1973)

DAN-AIR SERVICES, LTD., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent. BRITISH MIDLAND AIRWAYS, LTD., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent. BRITISH MIDLAND AIRWAYS, LTD., Appellant, v. CIVIL AERONAUTICS BOARD.

United States Court of Appeals, District of Columbia Circuit.

Decided March 15, 1973.

Attorney(s) appearing for the Case

Lester M. Bridgeman, Washington, D.C., with whom Jeffrey M. Lang, Washington, D.C., was on the brief for petitioner in No. 72-1666.

Paul Reiber, Washington, D.C., with whom Herbert A. Rosenthal, Washington, D.C., was on the brief, for appellant in No. 72-1770 and petitioner in No. 72-1786.

Warren Sharfman, Associate General Counsel, Civil Aeronautics Board, with whom R. Tenney Johnson, General Counsel, O. D. Ozment, Deputy General Counsel, Robert L. Toomey, Atty., Civil Aeronautics Board, and Howard E. Shapiro, Atty., Department of Justice, were on the brief for respondent in No. 72-1666 and 72-1786 and appellee in No. 72-1770.

Before McGOWAN and MacKINNON, Circuit Judges, and WYZANSKI, Senior United States District Judge for the District of Massachusetts.

PER CURIAM:

Dan-Air Services, Ltd. (Dan-Air) and British Midland Airways, Ltd. (BMA) are foreign air carriers authorized to engage in charter operations between the United States and England. They seek review of Civil Aeronautics Board Order 72-6-59 which implements a condition in their operating authority by requiring that they (and another carrier) file for advance approval of all passenger charter flights at least 25 days prior to flight date, and forbidding the...

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