AMERICAN AIRLINES, INC. v. C. A. B.

Nos. 72-1741, 72-1743, 72-1744.

495 F.2d 1010 (1974)

AMERICAN AIRLINES, INC., et al., Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent, Texas International Airlines, Inc., et al., Intervenors. UNITED AIR LINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Texas International Airlines, Inc., et al., Intervenors. TRANS WORLD AIRLINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Frontier Airlines, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 29, 1974.


Attorney(s) appearing for the Case

J. William Doolittle, Washington, D. C., with whom Alfred V. J. Prather, Washington, D. C., was on the brief, for petitioners in No. 72-1741.

Henry L. Hill, Chicago, Ill., with whom H. Templeton Brown, Chicago, Ill., was on the brief, for petitioner in No. 72-1743.

Edmund E. Harvey, Washington, D. C., for petitioner in No. 72-1744.

Glen M. Bendixsen, Atty., Civil Aeronautics Bd., for respondent. R. Tenney Johnson, Gen. Counsel, Civil Aeronautics Bd., O. D. Ozment, Deputy Gen. Counsel, Warren L. Sharfman, Associate Gen. Counsel, Litigation and Research, at the time the brief was filed, Robert L. Toomey, Asst. Associate Gen. Counsel, Litigation and Research, Ivars V. Mellups and Alan R. Demby, Attys., Civil Aeronautics Bd., and Howard E. Shapiro, Atty., Dept. of Justice, were on the brief for respondent.

William C. Burt, Washington, D. C., for intervenors Frontier Airlines, Inc., Hughes Airwest, Piedmont Aviation, Inc., and Texas International Airlines, Inc.

Richard P. Taylor, Washington, D. C., was on the brief for intervenors Brown County, Wisconsin and The Green Bay Chamber of Commerce in Nos. 72-1743 and 72-1744.

George B. Schwahn was on the brief for intervenor State of Wisconsin in Nos. 72-1743 and 72-1744. George F. Sieker, Madison, Wis., also entered an appearance for intervenor State of Wisconsin.

Raymond J. Rasenberger and James L. Devall, Washington, D. C., entered appearances for intervenors North Central Airlines, Inc. and Ozark Air Lines, Inc.

Before WRIGHT, ROBINSON and MacKINNON, Circuit Judges.


J. SKELLY WRIGHT, Circuit Judge:

Petitioners challenge two orders1 of the Civil Aeronautics Board entered in Phase 4 of the Board's Domestic Passenger Fare Investigation.

The Investigation is a comprehensive and continuing examination of fare levels, fare structures, and fare-setting methodology throughout the airline industry.2 Phase 4 deals with the fares charged passengers traveling to their destinations...

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