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REA EXPRESS, INC. v. C. A. B.

No. 49, Docket 74-1251.

507 F.2d 42 (1974)

REA EXPRESS, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, and Air Express International Corporation, Intervenor.

United States Court of Appeals, Second Circuit.

Decided December 5, 1974.

Attorney(s) appearing for the Case

Peter G. Wolfe, New York City (Arthur M. Wisehart, New York City, on the brief), for petitioner.

Barbara Thorson, Civ. Aeronautics Bd., Washington, D. C. (Thomas E. Kauper, Asst. Atty. Gen., Carl D. Lawson, and Arnold P. Lav, Dept. of Justice, Washington, D. C., Thomas J. Heye, Gen. Counsel, Civ. Aeronautics Bd., O. D. Ozment, Deputy Gen. Counsel, and Glen M. Bendixsen, Assoc. Gen. Counsel, Washington, D. C., on the brief), for respondent.

John M. Gibbons, Washington, D. C. (Stroock & Stroock & Lavan and Henry J. Silberberg, New York City, on the brief), for intervenor.

Before HAYS, ANDERSON and MANSFIELD, Circuit Judges.

ROBERT P. ANDERSON, Circuit Judge:

REA Express, Inc. (REA) is a common carrier which provides an expedited air service advertised as "Air Express" or "REA Air Express." The Civil Aeronautics Board (Board) regulates REA's activities as an air carrier and periodically has reviewed and approved REA's service. Although it is not the only company which provides an expedited air service, appellant claims that "REA Air Express" has several unique features of direct benefit...

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